Smith v. Ellington
Supreme Court of Georgia
In Equity in Greene Superior Court. Decision by Judge R. V. Hardeman, Oct. Term, 1853. This was a bill to marshal asset. The only question at issue was whether debts due by the intestate for money collected as an Attorney at Law upon evidences of debt, in his hands ; whether he had given his receipt therefor or not, should he considered as of the dignity of “ Bonds and other obligations” or as “ Open accounts.”
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In Equity in Greene Superior Court. Decision by Judge R. V. Hardeman, Oct. Term, 1853. This was a bill to marshal asset. The only question at issue was whether debts due by the intestate for money collected as an Attorney at Law upon evidences of debt, in his hands ; whether he had given his receipt therefor or not, should he considered as of the dignity of “ Bonds and other obligations” or as “ Open accounts.” The Court below held the liability to be an open account, and this decision is assigned as error.
1Opinion of the Court
By the Gourt.
Nisbet, J.,
delivering the opinion.
[1.] Our judgment is, that debts duo from the estate of an Attorney on account of money collected by him in that character are to be classed with “ Bonds or other obligations”. Whether they should be so classed, or should be classed with open accounts, I consider a question of some difficulty. The latter is the conclusion of first impression very generally, yet when tested by the application of principle, the former, it seems to us, is the legal truth. Although this question has not been before us in the form in which it is now presented, yet…
2Cases cited1 opinion
- Edmondson v. DysonSupreme Court of Georgia · 1847
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