Jacobs v. Pou
Supreme Court of Georgia
In Equity, in Talbot Superior Court. Decision by Judge-Perkins, March Term, 1855. In 1825, Seaborn Jacobs died, owning a small estate, and leaving a widow and two infant children. George M. Gullett became the adm’r, and took possession of the estate. In 183-, letters dismissory were granted by the Ordinary of Talbot County, to the administrator. Gullett afterwards died, ••and Joseph Pou was appointed administrator of his estate.
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In Equity, in Talbot Superior Court. Decision by Judge-Perkins, March Term, 1855. In 1825, Seaborn Jacobs died, owning a small estate, and leaving a widow and two infant children. George M. Gullett became the adm’r, and took possession of the estate. In 183-, letters dismissory were granted by the Ordinary of Talbot County, to the administrator. Gullett afterwards died, ••and Joseph Pou was appointed administrator of his estate. T. "WV Moore was appointed guardian of Henry Jacobs, one of the minors, (the mother and one of the children being dead,) ;and as such, filed a bill for account…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
Two points present themselves to us, as clearly controlling this case.
[1.] The judgment of dismissal, by the Court of Ordinary, in such cases, must operate as a discharge from all liability on the part of the administrator, unless the same be impeached in that Court, for irregularity, or in the Superior Court, for fraud. The latter course has been adopted in this case; .and the bill, accordingly, alleges that the dismissal was obtained by the fraudulent representations of Dr. Gullett, as .administrator.
It is necessary that such an allegation…
2Cited by9 opinions
- Morris v. JohnstoneSupreme Court of Georgia · 1931
- Powell v. McKinneySupreme Court of Georgia · 1921
- Thornton v. JacksonSupreme Court of Georgia · 1907
- Pass v. PassSupreme Court of Georgia · 1896
- Summerlin v. FloydSupreme Court of Georgia · 1906
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