Legal Opinion

Obear v. Gray

Supreme Court of Georgia

Decided November 11, 1884PublishedCited by 6 opinions

Res adjudicata. Practice in Supreme Court. Evidence. Insanity. Before Judge Carswell. Bibb Superior Court. October Term, 1888. Gray filed his bill against Obear, as executor of William Gray, deceased, and as trustee for complainant. He alleged that the trust was created during his minority by the will of his father, William Gray, but that he had since become of age and capable of managing property, and that the trust had become executed.

Read the full summary

Res adjudicata. Practice in Supreme Court. Evidence. Insanity. Before Judge Carswell. Bibb Superior Court. October Term, 1888. Gray filed his bill against Obear, as executor of William Gray, deceased, and as trustee for complainant. He alleged that the trust was created during his minority by the will of his father, William Gray, but that he had since become of age and capable of managing property, and that the trust had become executed. He charged also various acts of mismanagement of the executor, and sought to have him discharged and to have the property turned over to himself. Defendant…

1Opinion of the Court

Blandford, Justice.

1. The defendant in error moved to dismiss the writ of error in this case, because the order passed in term allowed the plaintiff in error until a certain time in vacation to prepare the motion for new trial and brief of evidence had upon the trial of the case, and an order was passed at a subsequent day in the term at which the trial was had, giving a further day within which to prepare the motion and brief of the evidence. The judge who presided at the trial of the case in vacation granted the rule nisi, requiring defendant in error to show cause at the next term of the…

2Cases cited1 opinion

  1. Gray v. ObearSupreme Court of Georgia · 1877

3Cited by6 opinions

  1. Baisley v. BaisleySupreme Court of Missouri · 1893
  2. White v. LaddOregon Supreme Court · 1902
  3. Peavy v. PeavySupreme Court of Georgia · 1928
  4. Heard v. LovettSupreme Court of Georgia · 2000
  5. Hunt v. Travelers InsuranceSupreme Court of Georgia · 1911

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API