Bryant v. Helton
Supreme Court of Georgia
Administrators and executors. Amendments. Husband and wife. Set-off. New trial. Before Judge Longley. Carroll Superior Court. October Term, 1880. To the report contained in the decision, it-is only necessary to add, that the following were among the grounds of the motion for a new trial: (1) . Because the verdict was contrary to law and the evidence.
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Administrators and executors. Amendments. Husband and wife. Set-off. New trial. Before Judge Longley. Carroll Superior Court. October Term, 1880. To the report contained in the decision, it-is only necessary to add, that the following were among the grounds of the motion for a new trial: (1) . Because the verdict was contrary to law and the evidence. (2) . Because the court allowed the declaration to be amended by striking the words,who sues as next friend of Mary Helton, a minor under twenty-one years of age,” and allowing the action to proceed in the names of the husband and wife without…
1Opinion of the Court
Jackson, Chief Justice.
This action was brought by the husband of the granddaughter against the grandfather, to recover the share of his wife in the estate of the father, on the ground that the grandfather sold $750.00 worth of cotton belonging to the deceased, and thereby became liable as executor de son tort.
The suit was brought by the husband as prochein amy of the wife, for one-sixth of the value of the cotton sold, there being six children of the deceased, who was killed 'in 1864 during the war. On the trial, a motion was made to dismiss the case because no bond as next friend had been…
2Cases cited3 opinions
- Barron v. BurneySupreme Court of Georgia · 1868
- Wiley v. TruettSupreme Court of Georgia · 1853
- Dorsett v. FrithSupreme Court of Georgia · 1858
3Cited by2 opinions
- O'Neal v. O'NealSupreme Court of Georgia · 1933
- St. Louis & S. F. R. v. HerrCourt of Appeals for the Fifth Circuit · 1912