Sheppard v. Sheppard
Supreme Court of Georgia
In equity, in Liberty Superior Court. Decision on demurrer, by Judge Fleming, at chambers, 14th May, 18/J7, This bill was filed by William A. Sheppard, David W. Sheppard, and Rosa E. Sheppard, minor children of David B. M. Sheppard, by Simon A. Fraser, their next friend, against the said David B. M. Sheppard, administrator of Mary E. Sheppard, deceased, late wife of said defendant, and the mother of complainants.
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In equity, in Liberty Superior Court. Decision on demurrer, by Judge Fleming, at chambers, 14th May, 18/J7, This bill was filed by William A. Sheppard, David W. Sheppard, and Rosa E. Sheppard, minor children of David B. M. Sheppard, by Simon A. Fraser, their next friend, against the said David B. M. Sheppard, administrator of Mary E. Sheppard, deceased, late wife of said defendant, and the mother of complainants. The bill alleges that the defendant, and tbeir mother, then Mary J. Martin, on or about the 11th of May, 1843, in contemplation of a marriage then about to be solemnized between…
1Opinion of the Court
By the Court.
Benning, J.
delivering the c pinion.
It is impossible for us to reverse the judgment of the Court below in this caso, without overruling Holmes vs. Liptrot, 8 Ga. Rep. 279.
That case has been directly attacked by the plaintiffs in error; and it has indirectly been admitted by them; and therefore it is perhaps, that the case has not. been defended by the other side.
We are not asked to overrule the case.
We are but two of the three Judges.
*431We therefore, arc not prepared to entertain the question, whether die case should not be overruled.
if that case is not overruled, the judgment in…
2Cases cited1 opinion
- Holmes v. LiptrotSupreme Court of Georgia · 1850
3Cited by1 opinion
- Griffin v. DriverSupreme Court of Georgia · 1947