Legal Opinion

Loftin v. Dooley

Court of Appeals of Georgia

Decided October 22, 1942No. 29782, 29783Published

1Opinion of the CourtGardner, J.

When this case is stripped of all collateral issues there remains only one issue which is controlling. It is undisputed that the debt in question is the remainder of a partnership liability. It is well established that a year’s support can only be set aside from partnership assets after the partnership liabilities are paid. In Wood v. Brown, 121 Ga. 471 (2) (49 S. E. 295), the court held: “The widow and minor children of a deceased partner are entitled to a year’s support only in what remains of the deceased partner’s interest after payment of partnership liabilities.” See Sellers v. Shore,…

2Cases cited3 opinions

  1. Wood v. BrownSupreme Court of Georgia · 1904
  2. Boone v. SirrineSupreme Court of Georgia · 1868
  3. American Surety Co. v. WoodCourt of Appeals of Georgia · 1907

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