Lenoard v. Collier
Supreme Court of Georgia
Administrators and executors. Judgment. Amendment. Injunction. Illegality. Before Judge Hill. Sumter County. At Chambers.
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Administrators and executors. Judgment. Amendment. Injunction. Illegality. Before Judge Hill. Sumter County. At Chambers. August 1st, 1874. John J. Collier filed his bill against Doctor B. Lenoard and Spencer C. Pryor and Sheppard G. Pryor, administrators of Benjamin F. Pettee, deceased, and William Graham, sheriff of- Sumter county, making, in brief, the following case: On January 4th, 1859, one Benjamin F. Pettee, since deceased, and whose estate is represented by Spencer C. Pryor and Sheppard G. Pryor, as administrators, gave his promissory note to “James Fleming, guardian for D. B.…
1Opinion of the Court
McCay, Judge.
1. The original declaration and the verdict by the jury in the common law suit are perfectly regular. The declaration is against the two Px-yors, administrators of Pettee, and against Colliei’, as security, and the cause of action set forth shows that it was a suit against the administx-ators, as such. Under our Code, the administrators of a deceased co-promissor may be joined with the survivor in a suit on the promise : Code, section 3348. So the verdict is regular. It is against the defendants. It is not usual in this state to specify in the verdict of the jury the character of…
2Cited by8 opinions
- Bank of Tupelo v. CollierSupreme Court of Georgia · 1941
- Belcher v. StateCourt of Appeals of Georgia · 1920
- NORTON REALTY & LOAN COMPANY, INC. v. Bd. of Ed. of Hall CountyCourt of Appeals of Georgia · 1973
- Williams v. MerrittSupreme Court of Georgia · 1900
- Binder v. RagsdaleSupreme Court of Georgia · 1897
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