Davis v. Harper
Supreme Court of Georgia
Constitutional law. Administrators and executors. Jury. Confederate money. New trial. Before Judge Hall. Newton Superior Court. March Term^ 1874. On May 3d, 1853, John Webb was appointed guardian of Caroline and Elizabeth Hodge, minor orphans of James Hodge, deceased, and from that time to the year 1864 inclusive, he made his returns to the court of ordinary. Caroline Hodge became the wife of Joseph C. Harper, and Elizabeth that of Joseph Mables.
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Constitutional law. Administrators and executors. Jury. Confederate money. New trial. Before Judge Hall. Newton Superior Court. March Term^ 1874. On May 3d, 1853, John Webb was appointed guardian of Caroline and Elizabeth Hodge, minor orphans of James Hodge, deceased, and from that time to the year 1864 inclusive, he made his returns to the court of ordinary. Caroline Hodge became the wife of Joseph C. Harper, and Elizabeth that of Joseph Mables. These parties obtained a rule from the court of ordinary requiring-said guardian to appear for a, settlement. An appeal to the superior court was…
1Opinion of the Court
McCay, Judge.
1. It was elaborately argued in this case that sections 2598 and 2599 of the Code are in violation of the constitution, on two grounds: 1st. That they confer equity jurisdiction on *183the ordinary; and.2d, thát they deny to the parties the right of trial by jury. It is true that these provisions do confer on the ordinary a power that no statute had previously, in terms, conferred. It is true, also, that it has for a long while been the practice in this state to call an administrator to a settlement in a court of equity. But we are not clear that the probate court in this state did…
2Cited by9 opinions
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- DeLamar v. DollarSupreme Court of Georgia · 1907
- Beasley v. BurtSupreme Court of Georgia · 1946
- Crowell v. AkinSupreme Court of Georgia · 1921
- Cook v. WeaverSupreme Court of Georgia · 1886
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