Hooks v. Stamper
Supreme Court of Georgia
Probate of will. On appeal, in Lee Superior Court. Decision by Judge Perkins, Juno Term, 1855. Martha IIoolcs, widow and relict of Robert S. Hooks, moved a rulo in the Court of Ordinary of Lee County, that Manning G. Stamper, executor of the will of said Robert S. show cause, at the next term, why the judgment admitting the will to probate, should not he set aside and revoked, on the grounds— 1st. That the paper, itself, shows that it was not attested as required by law. 2d.
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Probate of will. On appeal, in Lee Superior Court. Decision by Judge Perkins, Juno Term, 1855. Martha IIoolcs, widow and relict of Robert S. Hooks, moved a rulo in the Court of Ordinary of Lee County, that Manning G. Stamper, executor of the will of said Robert S. show cause, at the next term, why the judgment admitting the will to probate, should not he set aside and revoked, on the grounds— 1st. That the paper, itself, shows that it was not attested as required by law. 2d. That the affidavits of the witnesses on which the probate passed, do not show that they attested and subscribed tho…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the Court right in refusing the motion to dismiss the appeal, and in allowing the clerical omission to fill up the bond, to be supplied by parol ? We think so, most clearly.
The party had done, as the testimony shows, all the law required of him to entitle him to an appeal. He had paid the cost and entered his own name, together with that of his security, upon the minutes, to bo filled up with the necessary bond. He could do no more. And the omission of the Clerk to write out the bond, must not be allowed to deprive him his Statutory…
2Cited by11 opinions
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- Gay v. SandersSupreme Court of Georgia · 1897
- Maddox v. WaldropCourt of Appeals of Georgia · 1939
- Cowan v. CowanWest Virginia Supreme Court · 1949
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