Dix v. Dix
Supreme Court of Georgia
Trover. Before Judge Seabrook. Liberty superior court. February 20, 1908. Mary E. Dix brought suit against Charles Dix, to recover certain personal property, which had been set apart to her as a year’s support from tlie estate of ber deceased husband. The defendant was a son of the deceased by a former wife. On the trial the plaintiff introduced in evidence the proceedings of the court of ordinary, setting apart the property in dispute as a year’s support for ber.
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Trover. Before Judge Seabrook. Liberty superior court. February 20, 1908. Mary E. Dix brought suit against Charles Dix, to recover certain personal property, which had been set apart to her as a year’s support from tlie estate of ber deceased husband. The defendant was a son of the deceased by a former wife. On the trial the plaintiff introduced in evidence the proceedings of the court of ordinary, setting apart the property in dispute as a year’s support for ber. The pleadings are not set out in the bill of exceptions in the present ease, but the judgment, which is copied in full, recites…
1Opinion of the CourtLumpkin, J.
The court of ordinary had no jurisdiction to pass upon a question of conflicting claims of title, on the hearing of the application íot a year’s support. His judgment does not show that he did so, but recites that, objections having been filed by Dix “in the nature of a claim,” it was ordered that they be “disallowed.” This was not a statement that the ordinary heard evidence and passed upon the question of title. The word “disallowed” is defined to mean “to refuse to allow; to deny the force or validity of; to disown or reject.” Webster’s Dictionary. It is often applied to a refusal to allow…
2Cases cited20 opinions
- Smith v. FerrarioSupreme Court of Georgia · 1898
- Cutts v. ScandrettSupreme Court of Georgia · 1899
- Central Bank v. GibsonSupreme Court of Georgia · 1852
- Adams v. LamarSupreme Court of Georgia · 1850
- Raney v. McRaeSupreme Court of Georgia · 1854
15 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Langston v. NashSupreme Court of Georgia · 1941
- Georgia Railroad & Banking Co. v. RedwineSupreme Court of Georgia · 1951
- Crider v. WoodwardSupreme Court of Georgia · 1926
- Latham v. FowlerSupreme Court of Georgia · 1941
- Williams v. KaylorSupreme Court of Georgia · 1963
66 more not listed; retrieve them via the Exa API.