Shipp v. McCowen
Supreme Court of Georgia
Equitable petition. Before Judge Mathews. Bibb superior court. April 28, 1917. In 1890 Mrs. Mary E. Shi, upon application, was appointed administratrix of the estate of her husband, T. F. Shi. Permanent letters of administration were issued to her, and she gave bond as administratrix, with D. G-. McCowen as surety. The administratrix and four children were the distributees of the estate.
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Equitable petition. Before Judge Mathews. Bibb superior court. April 28, 1917. In 1890 Mrs. Mary E. Shi, upon application, was appointed administratrix of the estate of her husband, T. F. Shi. Permanent letters of administration were issued to her, and she gave bond as administratrix, with D. G-. McCowen as surety. The administratrix and four children were the distributees of the estate. One of the children (who afterwards became Mrs. Mary E. Shipp) brought a• petition for settlement, in the year 1916, against the administratrix; and after citation and hearing it was found that Mrs. Shi owed…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) An examination of the allegations contained in the equitable petition, in the light of the authorities bearing upon the matters set forth, leads us to the conclusion that the court erred in overruling the demurrer. Without taking up the special demurrer and the ground of general demurrer raising the question of the jurisdiction of the court, we find that no facts are alleged in the petition upon which equitable .jurisdiction of the superior court can be based. So far as the petition seeks to set aside the judgment against Mrs. Shi on the *713ground that it was…
2Cases cited3 opinions
- Dowling v. FeeleySupreme Court of Georgia · 1884
- Bryant v. OwenSupreme Court of Georgia · 1846
- Rolfe v. RolfeSupreme Court of Georgia · 1854
3Cited by7 opinions
- Maryland Casualty Co. v. SimmonsCourt of Appeals for the Fifth Circuit · 1924
- Howard v. Estate of HowardCourt of Appeals of Georgia · 2001
- Banister v. BagleyCourt of Appeals of Georgia · 1937
- Nursefinders of Atlanta, Inc. v. SuttlesCourt of Appeals of Georgia · 1994
- Davis v. SturgisCourt of Appeals of Georgia · 1923
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