Hobbs v. Cody
Supreme Court of Georgia
Appeal from Ordinary. Guardian and Ward. Statute of Limitations. Tried before Judge Andrews. Warren Superior Court. October Term, 1871. The petition of Ann E. Hobbs to the Ordinary of Warren county, filed on August 2d, 1870, showed that James Hobbs departed this life intestate in the year 1850, and that Jane Hobbs became his administratrix; that there were eleven distributees of said estate; that on February 1st, 1860, it was ascertained that each distributee was entitled to…
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Appeal from Ordinary. Guardian and Ward. Statute of Limitations. Tried before Judge Andrews. Warren Superior Court. October Term, 1871. The petition of Ann E. Hobbs to the Ordinary of Warren county, filed on August 2d, 1870, showed that James Hobbs departed this life intestate in the year 1850, and that Jane Hobbs became his administratrix; that there were eleven distributees of said estate; that on February 1st, 1860, it was ascertained that each distributee was entitled to $415.13; that M. M. Cody became the guardian of petitioner and of Brewer Hobbs, two of said distributees; that on the…
1Opinion of the Court
McCay, Judge.
Section 3553 of the Code, allowing appeals from the judgment of the Ordinary, is general, and applies to all cases. The Constitution also gives this right of appeal from the Ordinary. Section 3567 also fixes the terms on which the appeal shall be allowed. It would be judicial legislation for us to fix other terms. Indeed, the Legislature, by Act of 1866, Code, section 3553, has provided other terms than were fixed by the old Code, in one special case. We do not feel authorized to make another exception.
Section 3559, without doubt, applies to appeals from other Courts than the…
2Cited by12 opinions
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