Weathers v. McFarland
Supreme Court of Georgia
Equitable petition. Before Judge Butt. Talbot superior court. September term, 1894. Tbe case of D. B. Weathers against J. McFarland, administratrix, and Ada McCrary, coming on to be tried, •defendants demurred orally to tbe petition. Plaintiff objected to tbe demurrer being entertained, upon tbe ground that it came too late. Tbe objection was overruled, and tbe demurrer was sustained. Plaintiff excepted.
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Equitable petition. Before Judge Butt. Talbot superior court. September term, 1894. Tbe case of D. B. Weathers against J. McFarland, administratrix, and Ada McCrary, coming on to be tried, •defendants demurred orally to tbe petition. Plaintiff objected to tbe demurrer being entertained, upon tbe ground that it came too late. Tbe objection was overruled, and tbe demurrer was sustained. Plaintiff excepted. Tbe petition alleged: Plaintiff is tbe son of Francis T. Weathers by bis wife Bacbeal H. Weathers, who was a •daughter of Terrell Barksdale of Talbot county, deceased. While plaintiff was a…
1Opinion of the CourtAtkinson, J.
1. If a declaration be fatally defective in that it wholly fails to allege a right of action in the plaintiff, or it alleges facts showing a want of jurisdiction in the court to grant to the plaintiff the relief sought, a motion to dismiss, made at the trial, should prevail as though in the first instance a general demurrer had been regularly filed.
2. A judgment of the court of ordinary, rendered after due notice, admitting a will to probate in solemn form, until reversed or set aside in that court, is conclusive as to all questions which are involved in, and arise out of, the execution of…
2Cited by6 opinions
- McCook v. CrawfordSupreme Court of Georgia · 1901
- Fuller v. FullerSupreme Court of Georgia · 1944
- Rigby v. PowellSupreme Court of Georgia · 1974
- Williams v. McHughCourt of Appeals of Georgia · 1915
- Byrd v. RiggsSupreme Court of Georgia · 1953
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