Ernest v. Merritt
Supreme Court of Georgia
Equitable petition. Before Judge Felton. Bibb superior court. April term, 1898. The petition of R. A. Merritt and W. E. Sherwood against A. M. Ernest, Laura A. Ernest, A. C. Ernest, and Kate C. Ernest, alleged, in brief, that A. M. Ernest was indebted in stated sums to the petitioners respectively as holders of judgments against him upon promissory notes, Merritt being the holder of one of the judgments and Sherwood* of others, and that returns of nulla bona had been entered…
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Equitable petition. Before Judge Felton. Bibb superior court. April term, 1898. The petition of R. A. Merritt and W. E. Sherwood against A. M. Ernest, Laura A. Ernest, A. C. Ernest, and Kate C. Ernest, alleged, in brief, that A. M. Ernest was indebted in stated sums to the petitioners respectively as holders of judgments against him upon promissory notes, Merritt being the holder of one of the judgments and Sherwood* of others, and that returns of nulla bona had been entered on executions issued therefrom ; that at the time of the creation of the indebted ness he had large means and credit…
1Opinion of the CourtLittle, J.
The headnotes preceding this opinion do not seem to require elaboration at our hands. To the first of these notes the case of Conley v. Buck, 100 Ga. 187, is directly applicable. The second is supported by two cases heretofore adjudicated by this court. The first is that of Wise v. Moore, 31 Ga. 148; the second is that of Westmoreland v. Powell, 59 Ga. 256. If it should be said that these cases were decided anterior to the *65adoption of our present code, the reply is, that the case of Westmoreland was decided in 1877, under the provisions of the code then in force. By reference to the Code of…
2Cases cited3 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Westmoreland v. PowellSupreme Court of Georgia · 1877
- Wise v. MooreSupreme Court of Georgia · 1860
3Cited by15 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
- Beasley v. SmithSupreme Court of Georgia · 1915
- Clark v. HavardSupreme Court of Georgia · 1905
- Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
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