Summerlin v. Floyd
Supreme Court of Georgia
Appeal. Before Judge Bartlett. Haralson superior court. January 25, 1905. A petition to the court of ordinary, against W. A. Floyd, to set aside an order of that court discharging him as administrator of the estate of J. S. Floyd, was filed by Mrs. L. V. Summerlin and C. E. Chambers. The superior court, on appeal, sustained a motion to dismiss the case, on the grounds, that the petition did not set out a cause of action, and that “the action was barred.”
Read the full summary
Appeal. Before Judge Bartlett. Haralson superior court. January 25, 1905. A petition to the court of ordinary, against W. A. Floyd, to set aside an order of that court discharging him as administrator of the estate of J. S. Floyd, was filed by Mrs. L. V. Summerlin and C. E. Chambers. The superior court, on appeal, sustained a motion to dismiss the case, on the grounds, that the petition did not set out a cause of action, and that “the action was barred.” The plaintiffs excepted. The petition was filed in 1903. It alleges that the order in question was passed in 1892. The order recites, that a…
1Opinion of the CourtEvans, J.
1. The construction to be placed upon the Civil Code, §3511 (which declares that a discharge obtained by an administrator “by means of any fraud practiced on the heirs or the ordinary is void, and may be set aside on motion and proof of the fraud”), is that while the judgment of the court of ordinary discharging an administrator is open to attack on the ground that it was fraudulently procured, it is to be deemed “void” only when, in a proceeding to set it aside, the proof shows it was secured by practicing a fraud upon the heirs at law or upon the ordinary. Read in connection with the…
2Cases cited4 opinions
- Carter v. AndersonSupreme Court of Georgia · 1848
- Pollock v. CoxSupreme Court of Georgia · 1899
- Jacobs v. PouSupreme Court of Georgia · 1855
- Christian v. WestbrookSupreme Court of Georgia · 1885
3Cited by10 opinions
- In re the Estate of DoaneWashington Supreme Court · 1911
- Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
- Wicker v. HowardSupreme Court of Georgia · 1906
- Banes v. DerricotteSupreme Court of Georgia · 1960
- First National Bank & Trust Co. v. HirschfeldSupreme Court of Georgia · 1934
5 more not listed; retrieve them via the Exa API.