Neal v. Boykin
Supreme Court of Georgia
Equitable petition. Before Judge Boan. DeKalb superior court. September 27, 1906. John Neal, Hiram Neal, Wéíborn Neal and W. W. Beall, as heirs at law of McCormick Neal, deceased, and Bull and Alexander, as creditors of the decedent, filed an equitable petition to the superior court of DeKalb county, against Boykin, seeking to set aside or vacate a judgment of the court of ordinary of DeKalb county, appointing defendant administrator on the estate of-McCormick Neal.
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Equitable petition. Before Judge Boan. DeKalb superior court. September 27, 1906. John Neal, Hiram Neal, Wéíborn Neal and W. W. Beall, as heirs at law of McCormick Neal, deceased, and Bull and Alexander, as creditors of the decedent, filed an equitable petition to the superior court of DeKalb county, against Boykin, seeking to set aside or vacate a judgment of the court of ordinary of DeKalb county, appointing defendant administrator on the estate of-McCormick Neal. The petitioners allege, that the defendant falsely represented to the court that McCormick Neal, a non-resident of this State,…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. Courts of ordinary in Georgia have general and exclusive jurisdiction of “the granting of letters testamentary, of administration, and the repeal or revocation of the same.” Civil Code, §433.2. And the judgment of a court of ordinary granting letters of administration is entitled to that conclusiveness which attaches to the judgments of other courts of general jurisdiction. Maybin v. Knighton, 67 Ga. 103. The question here presented is whether such a judgment can be attacked directly, in a proceeding instituted for that purpose, in a court of equity on a proper…
2Cases cited13 opinions
- Wyman v. HalsteadSupreme Court of the United States · 1884
- Jones v. SmithSupreme Court of Georgia · 1904
- McArthur & Griffin v. Matthewson & ButlerSupreme Court of Georgia · 1881
- Davis v. AlbrittonSupreme Court of Georgia · 1907
- Dugan v. McGlannSupreme Court of Georgia · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Wade v. WatsonSupreme Court of Georgia · 1909
- Bowers v. DolanSupreme Court of Georgia · 1939
- Powell v. McKinneySupreme Court of Georgia · 1921
- Abercrombie v. HairSupreme Court of Georgia · 1938
29 more not listed; retrieve them via the Exa API.