Mattox v. Embry
Supreme Court of Georgia
'Appeal. Before Judge Holden. Oglethorpe superior court, July 13, 1907. W. F. Mattox died intestate, leaving an estate and ten .children, but no widow. There was a contest for the right to administer upon the estate.
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'Appeal. Before Judge Holden. Oglethorpe superior court, July 13, 1907. W. F. Mattox died intestate, leaving an estate and ten .children, but no widow. There was a contest for the right to administer upon the estate. One of the contestants was L. D. Mattox, who was a collateral kinsman of the deceased and the assignee of certain of the children to the extent of their respective interests in the land which constituted the property of the estate of the deceased, intended to be administered. The other contestant was J. W. Embry, who was the husband of one of the daughters of the deceased. The…
1Opinion of the CourtAtkinson, J.
1. The Civil Code, §4466, provides: "In all cases in the court of ordinary, the party desiring to appeal, his attorney at law or in fact, shall pay all costs that may have accrued, and give bond and security to the ordinary for such further costs *286as may accrue by. reason of such appeal; this being done, the appeal shall be entered.” This section was construed in Sims v. Walton, 111 Ga. 866 (36 S. E. 966), to mean that the bond shall not be made payable to the ordinary, but to the appellee. Under this ruling, the appeal bond given by the appellant was correct without amendment. It appears that…
2Cases cited3 opinions
- Myers v. CannSupreme Court of Georgia · 1895
- Sims v. WaltonSupreme Court of Georgia · 1900
- Halliday v. DuBoseSupreme Court of Georgia · 1877
3Cited by12 opinions
- Wash v. DicksonSupreme Court of Georgia · 1918
- Anderson's Committee v. Anderson's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1914
- Dawson v. ShaveSupreme Court of Georgia · 1926
- Phillips v. GladneySupreme Court of Georgia · 1975
- Popwell v. NailCourt of Appeals of Georgia · 1921
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