Swatts v. Spence
Supreme Court of Georgia
Amendments. Equity. Evidence. Deeds. Before Maston O’Neal, Esq., Judge pro hac vice. Mitchell Superior Court. November Term, 1881. Spence, administrator of McElvain, deceased, filed his bill against Bradford et al.
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Amendments. Equity. Evidence. Deeds. Before Maston O’Neal, Esq., Judge pro hac vice. Mitchell Superior Court. November Term, 1881. Spence, administrator of McElvain, deceased, filed his bill against Bradford et al. It alleged, in brief, that in 1874 his decedent was discharged in bankruptcy, and died in 1877, when complainant became his administrator; that defendants held various claims which they were proceeding to enforce against the estate, but which complainant believed had been discharged in the bankrupt court; that if they were proper claims the estate would be insolvent, otherwise it…
1Opinion of the Court
Jackson, Chief Justice.
A motion was made to dismiss the writ of error on two grounds, first, that the acknowledgment of service and the filing of the bill of exceptions in the office of the clerk of the superior court were not in time, and, secondly, that the other defendants to the bill, it being to marshal assets and in which all were interested, were not served.
1. There is no date to the-certificate of the judge, and it will be presumed, under the act of 1881, to have been made on the day .of acknowledgment of service, which is the 10th of December, 1881, and was filed in the clerk’s…
2Cases cited1 opinion
- McNulty v. PrudenSupreme Court of Georgia · 1878
3Cited by6 opinions
- Western Union Telegraph Co. v. GriffithSupreme Court of Georgia · 1900
- Porter v. HolmesSupreme Court of Georgia · 1905
- Smith v. StateCourt of Appeals of Georgia · 1909
- Smith v. WestSupreme Court of Georgia · 1910
- Watson v. Equitable Mortgage Co.Supreme Court of Georgia · 1909
1 more not listed; retrieve them via the Exa API.