Mealing v. Pace
Supreme Court of Georgia
Caveat to will. Tried before Judge Iverson, in Muscogee Superior Court, May Term, 1853. The points made in this case, are all included in the motion for a new trial, which ivas made upon the following grounds: 1st. Because, at the time of the trial of said cause, which was had on the 11th day of June, 1853, to wit: at said Term, the said Court was illegally held, and the proceedings at said trial had, were void for this, to wit: that on Saturday, the 14th •day of May, 1853,…
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Caveat to will. Tried before Judge Iverson, in Muscogee Superior Court, May Term, 1853. The points made in this case, are all included in the motion for a new trial, which ivas made upon the following grounds: 1st. Because, at the time of the trial of said cause, which was had on the 11th day of June, 1853, to wit: at said Term, the said Court was illegally held, and the proceedings at said trial had, were void for this, to wit: that on Saturday, the 14th •day of May, 1853, said Court, being then in session, was adjourned over till Monday, the 23d day of said May, that on Sunday, the 22d day…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] The first exception in this case is, that the Court which tried it, was illegally constituted, and had no authority to hear and determine the cause. And this exception is founded on the following state of facts, to-wit:
That on Saturday, the fourteenth day of May, said Court being then in session, was adjourned over till Monday, the 23d day of May. That on Sunday, the 22d day of May, John R. Sturgis, the Clerk of said Court, died. That on Monday, the day following, His Honor, Judge Iverson, attended at the Court House in said county, with…
2Cases cited1 opinion
- Bradhurst v. BradhurstNew York Court of Chancery · 1829
3Cited by11 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- State ex rel. Henson v. SheppardSupreme Court of Missouri · 1905
- Grinad v. StateSupreme Court of Georgia · 1866
- State v. BaudoinSupreme Court of Louisiana · 1905
- In Re: Blocks' EstateSupreme Court of Florida · 1940
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