Legal Opinion

Bradwell v. Spencer

Supreme Court of Georgia

Decided January 15, 1855No. 62PublishedCited by 6 opinions

Debt, in Liberty Superior Court. Tried before Judge Fleming, April Term, 1854. This was an action,on a guardian’s, bond, brought against the administratrix of William Spencer,, the' security on the bond, for a devastavit of Samuel Spencer, the guardian.

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Debt, in Liberty Superior Court. Tried before Judge Fleming, April Term, 1854. This was an action,on a guardian’s, bond, brought against the administratrix of William Spencer,, the' security on the bond, for a devastavit of Samuel Spencer, the guardian. On the trial the plaintiff offered in evidence a decree of the Superior Court of Liberty county, rendered on the 5th day of December,,1848, upon a bill filed by Monroe Mclver, by his guardian, Henry M. Stevens, complainant, against Samuel Spencer, defendant, who was the guardian of said Monroe Mclver, charging the said Samuel Spencer with…

1Opinion of the Court

By the Court.

Benning, J.

delivering tbe opinion.

[1.] Any judgment wbicb is rendered by a Court that has jurisdiction of tbe cause and tbe parties, binds the parties until set aside, notwithstanding the existence of irregularities-: in tbe proceedings,- previous to tbe judgment, if those-irregularities-.are such as may be waived by parties. (Rogers vs. Evans, 8 Ga. R. 145. Tucker vs. Harris, 13 do. 10.)

Tbe decree in question in this case, was rendered by a Court-, which had jurisdiction of the cause and tbe parties.

Tbe rule of Court, referring tbe cause to arbitration, did not: deprive tbe…

2Cited by6 opinions

  1. Escambia Chemical Corp. v. RockerCourt of Appeals of Georgia · 1971
  2. Bennett v. GrahamSupreme Court of Georgia · 1884
  3. Duer v. ThweattSupreme Court of Georgia · 1869
  4. Dunagan v. DunaganSupreme Court of Georgia · 1868
  5. Transylvania Casualty Insurance v. City of AtlantaCourt of Appeals of Georgia · 1926

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