Legal Opinion

English v. Rosenkrantz

Supreme Court of Georgia

Decided January 13, 1921No. 1900PublishedCited by 13 opinions

The Court of Appeals (in Cases Nos. 10528, 10529) propounded to the Supreme Court, as questions the determination of which is necessary for a decision in this case, the following: “Mrs. Rebie Rosenkrantz sued J. W. English, Harry L. English, James D. Robinson, Emily English Robinson, Jennie English Kiser, John K. Ottley, and Harry L. English in his capacity as administrator of the estate of James W. 'English Jr., and attached to her petition a certain agreement entered into…

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The Court of Appeals (in Cases Nos. 10528, 10529) propounded to the Supreme Court, as questions the determination of which is necessary for a decision in this case, the following: “Mrs. Rebie Rosenkrantz sued J. W. English, Harry L. English, James D. Robinson, Emily English Robinson, Jennie English Kiser, John K. Ottley, and Harry L. English in his capacity as administrator of the estate of James W. 'English Jr., and attached to her petition a certain agreement entered into July 11, 1900, marked Exhibit A, and which was signed by James W. English, James W. English Jr., Rebie Lowe English,…

1Opinion of the CourtBeck, P. J.

This court can not undertake to answer the questions stated above. After giving them careful consideration we are satisfied that the questions are not of the character which the Court of Appeals is authorized to certify to this court. In the case of Lynch v. Southern Express Co., 146 Ga. 68 (90 S. E. 527), it was said: “With a view of preserving uniformity of decision, the constitution provides for the certifying of constitutional questions to the Supreme Court, and further provides that ‘ The Court of Appeals may at any time certify to the Supreme Court any other question of law concerning…

2Cases cited2 opinions

  1. Lynch v. Southern Express Co.Supreme Court of Georgia · 1916
  2. Louisville & Nashville Railroad v. HoodSupreme Court of Georgia · 1920

3Cited by13 opinions

  1. Fisher v. American Casualty Co.Supreme Court of Georgia · 1942
  2. Southern Exchange Bank v. First National BankSupreme Court of Georgia · 1927
  3. Cox v. PerkinsSupreme Court of Georgia · 1921
  4. Johnston v. Travelers InsuranceSupreme Court of Georgia · 1936
  5. KELLY v. GEORGIA CASUALTY & SURETY COMPANYSupreme Court of Georgia · 1961

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