Hardaway v. Drummond
Supreme Court of Georgia
. In Equity, from Muscogee county. Decision by Judge Worrill, on demurrer, at May Term, 1858. This case was before the Supreme Court at Macon, January Term, 1857, and the facts will be found fully stated in 21st Ga. Rep. 433. The defendant met the bill, in the first instance, with a demurrer on three grounds. 1st. For want of equity. 2d.
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. In Equity, from Muscogee county. Decision by Judge Worrill, on demurrer, at May Term, 1858. This case was before the Supreme Court at Macon, January Term, 1857, and the facts will be found fully stated in 21st Ga. Rep. 433. The defendant met the bill, in the first instance, with a demurrer on three grounds. 1st. For want of equity. 2d. For want of proper parties complainants — that the legal representative, and not the heirs at law, of the idiot, alone had the right to call defendant to an account. 3d. For mnitiíarionsness. The Court below sustained this demurrer and dismissed the bill,…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
This caso has been up before, (see 21 Ga. Rep. 433,) and the only now point presented is, that the administrator of Win. F. Drummond, with whom it is alleged the defendant fraudulently settled for the. property of tlte idiot, is not .made a party to the hill.
Wm, F. Drummond died many years ago. He is unrepresented, and his estate, is insolvent. Why make his administrator a party? it is argued that the protection of Robert: S. il arda way requires this to be done. Otherwise, an administrator might, at some future timo, he appointed, who. might…
2Cases cited1 opinion
- Drummond v. HardawaySupreme Court of Georgia · 1857
3Cited by4 opinions
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