Harris v. Woodard
Supreme Court of Georgia
Illegality of execution. Before Judge Felton. Houston superior court. April 8, 1908. In September, 1898, F. W. Gano brought, in the superior court of Houston county, a suit to recover the balance due upon a promissory note, which the petition alleged was “executed to petitioner” by “AY. H. Harris, executor of will of H. C. Harris,” and “endorsed by AAr. II.
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Illegality of execution. Before Judge Felton. Houston superior court. April 8, 1908. In September, 1898, F. W. Gano brought, in the superior court of Houston county, a suit to recover the balance due upon a promissory note, which the petition alleged was “executed to petitioner” by “AY. H. Harris, executor of will of H. C. Harris,” and “endorsed by AAr. II. Harris.” xittached to the petition was a copy of the note, from which it appeared that the note was dated Sept. 24, 1895, that the maker therein obligated himself in the following language: “Jany. 1, after date, I promise to pay to F. AAC…
1Opinion of the CourtFish, C. J.
(After stating the facts.) While there is much force in the contention that the suit which eventually resulted in the judgment in question was simply against W. H. Harris as an 'individual, and not against him as the executor of the will of H. C. Harris, and therefore that no judgment de bonis testatoris could have been rendered therein, we pass over the questions of construction raised as to the petition, process, and service, and come to a *108question the solution of which is, we think, free from doubt or difficulty. Was the judgment as amended one which the court could render, without the…
2Cases cited10 opinions
- McFarlin v. StinsonSupreme Court of Georgia · 1876
- Howard v. CasselsSupreme Court of Georgia · 1898
- Crow v. American Mortgage Co.Supreme Court of Georgia · 1894
- Bruce v. StateSupreme Court of Georgia · 1896
- Lynch v. KirbySupreme Court of Georgia · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
- Holton v. LankfordSupreme Court of Georgia · 1939
- Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
- Jowers & Son v. Kirkpatrick Hardware Co.Court of Appeals of Georgia · 1918
23 more not listed; retrieve them via the Exa API.