Josey v. Rogers
Supreme Court of Georgia
In Equity, in Stewart Superior Court. Decision on demurrer, made by Judge Powers. April Term, 1853. Henry Audulf died in 1844, intestate, leaving a large estate. David C. Rogers and John Audulf, took out temporary letters of administration on the estate, under which they took the same into possession.
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In Equity, in Stewart Superior Court. Decision on demurrer, made by Judge Powers. April Term, 1853. Henry Audulf died in 1844, intestate, leaving a large estate. David C. Rogers and John Audulf, took out temporary letters of administration on the estate, under which they took the same into possession. Some four years thereafter, Josiah W. Josey, who was neither a creditor or legatee of the estate, applied for and obtained permanent letters of administration upon said estate, and filed his bill against Rogers and Audulf, calling upon them to account to complainants of and concerning said…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Yarious grounds of demurrer were taken to the cross-bill filed in this case; all of which were overruled by the Circuit Court.
[1.] The two first, I propose to consider together. It is insisted that the cross-bill was not filed in time — four years having intervened after the pleadings were made up under the *481original bill, and no sufficient excuse having been rendered for the delay.
In England, the practice is to require the cross-bill to be filed before publication has passed in the original cause.
[2.] In this State, it must be done before the…
2Cited by19 opinions
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Ledyard v. . BullNew York Court of Appeals · 1890
- Carlton v. Southern Mutual InsuranceSupreme Court of Georgia · 1884
- Atlanta Northern Railway Co. v. HarrisSupreme Court of Georgia · 1917
- McVay v. AndersonSupreme Court of Georgia · 1965
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