Legal Opinion

Hendry v. Hurst

Supreme Court of Georgia

Decided May 15, 1857No. 7PublishedCited by 7 opinions

Caveat to Return, and Vouchers of Guardian, &c., from Thomas Superior Court Tried before Judge Love, December Term, 1856. On Appeal from Ordinary.

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Caveat to Return, and Vouchers of Guardian, &c., from Thomas Superior Court Tried before Judge Love, December Term, 1856. On Appeal from Ordinary. William H. Hendry, guardian of Georgia Ann Hendry, presented his return with the vouchers, to the Court of Ordinary of Thomas county, to which being allowed and admitted to record, James M. Hurst, in right of his wife, the said Georgia Ann, entered his protest and caveat The following is the return: William H. Hendry in account current with Georgia Ann Hendry, minor of Eli H. Hendry. To cash paid for the schooling, clothing and tuition of said…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.

[1.] The record does not disclose the decision of the Ordinary on this case, when before him. We presume, however, that he allowed the account of the guardian, and considered the vouchers sufficient to sustain it, as the counsel for- guardian in his argument insisted that the Court below ought to have permitted the account and vouchers to have been submitted to the jury, as, when passed by the Ordinary, the vouchers weroprima facie evidence of the disbursements charged to have been made. Be that as it may, when the case was about to be submitted…

2Cited by7 opinions

  1. Central of Georgia Railway Co. v. PerkersonSupreme Court of Georgia · 1901
  2. Seaboard Air-Line Railway v. BishopSupreme Court of Georgia · 1909
  3. Howard v. Chamberlin, Boynton & Co.Supreme Court of Georgia · 1880
  4. Dillon v. SillsCourt of Appeals of Georgia · 1936
  5. Plymouth Record Corp. v. Books, Inc.Court of Appeals of Georgia · 1955

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