Wood v. Wood
Supreme Court of Georgia
Contempt. Executors. Fraud. Remedies. Practice. Pleadings. Before 'Judge Milner. Murray superior court. February term, 1889. The defendant in error, B. T. Wood, an heir and legatee of Robert Wood, deceased, cited the executors of the estate to a settlement before the court of ordinary, and at the August term, 1888, recovered judgment against them.
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Contempt. Executors. Fraud. Remedies. Practice. Pleadings. Before 'Judge Milner. Murray superior court. February term, 1889. The defendant in error, B. T. Wood, an heir and legatee of Robert Wood, deceased, cited the executors of the estate to a settlement before the court of ordinary, and at the August term, 1888, recovered judgment against them. On the 18th of the next December, the ordinary issued a rule nisi against them to show cause, at the next January term, why they should not pay over the amount of the judgment, or in default thereof, be attached for contempt. This was served…
1Opinion of the Court
Bleckley, Chief Justice.
1. Since the abolition of imprisonment for debt by the constitutions of 1868 and 1877, we think the sounder and better construction .of §2599 of the code, touching the enforcement of judgments rendered by the ordinary against executors and administrators on citations to account, is that mere money liabilities, where no specific fund is involved, are enforceable only by execution against the property, and not by attachment against the person. The general money assets of an estate in the hands of a representative bear interest after the first year, and are therefore…
2Cases cited2 opinions
- Clements v. TillmanSupreme Court of Georgia · 1888
- Obear v. LittleSupreme Court of Georgia · 1888
3Cited by4 opinions
- Everett v. SparksSupreme Court of Georgia · 1899
- London v. LondonCourt of Appeals of Georgia · 1979
- Paschal v. MeltonSupreme Court of Georgia · 1932
- Lewis v. GrovasCourt of Appeals of Georgia · 1940