Ray v. Justices of the Inferior Court
Supreme Court of Georgia
Debt on Bond, in Houston Superior Court. Tried before Judge Floyd, October Term, 1848. Suit was commenced in the Superior Court of Houston County, by the Justices of the Inferior Court of said County, for the •use of Jesse M. Pinkston, guardian of-the minor heirs of Green B. Pinkston, deceased, upon the bond of Joshua Taylor, a former guardian, now deceased.
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Debt on Bond, in Houston Superior Court. Tried before Judge Floyd, October Term, 1848. Suit was commenced in the Superior Court of Houston County, by the Justices of the Inferior Court of said County, for the •use of Jesse M. Pinkston, guardian of-the minor heirs of Green B. Pinkston, deceased, upon the bond of Joshua Taylor, a former guardian, now deceased. The suit was instituted against George Ray, as administrator of said Taylor, and George Ray and Lawson Henderson, as sureties. The breach alleged was, that the said guardian “ did not take good and lawful care of the property of the said…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was Nathan G. Lewis a competent witness to prove the payment of $747, by himself, as administrator of Green B. Pinkston, deceased, to Joshua Taylor, the former guardian of the minor children of his intestate ? To allow it would be to permit the witness to discharge himself of his liability to the heirs of the estate which he represents — for if he has not paid over this money, he is still responsible to them for it. This principle we consider was settled in Nisbet vs. Lawson, 1 Kelly, 275. The doctrine there ruled was, that a witness who is…
2Cited by9 opinions
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- Harris v. UsrySupreme Court of Georgia · 1886
- American Surety Co. of New York v. Macon Savings BankSupreme Court of Georgia · 1926
- Clark v. National Surety Co.Supreme Court of Georgia · 1935
- Forrester v. VasonSupreme Court of Georgia · 1883
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