Gilbert v. Hardwick
Supreme Court of Georgia
Certiorari, in Stewart Superior Court. Decision by Judge Iverson, April Term, 1852. Wm. M. Hardwick, as executor of Daniel Gilbert, brought suit against Thomas Gilbert, for the recovery of the purchase money for certain negro slaves sold by said Hardwick, as the executor of Darius Gilbert, deceased. In the declaration, he described himself as “Wm.
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Certiorari, in Stewart Superior Court. Decision by Judge Iverson, April Term, 1852. Wm. M. Hardwick, as executor of Daniel Gilbert, brought suit against Thomas Gilbert, for the recovery of the purchase money for certain negro slaves sold by said Hardwick, as the executor of Darius Gilbert, deceased. In the declaration, he described himself as “Wm. M. Hardwick, executor ofDarius Gilbert, deceased;” made proferí of his letters testamentary, and prayed process to issue, to answer him in a suit, as executor, fyc. The suit was returnable to the Inferior Court of Stewart County. At the April Term,…
1Opinion of the Court
By the Court.
Nisbet J.
delivering the opinion.
[1.] The lying over of this cause on the docket for so many terms after the suggestion of Hardwick’s removal, without any action therein, did not amount to a discontinuance. Up to the time when the order was taken, to make the administrator de bonis non, with the will annexed, a party, there had been no motion to speed the cause. It was continued, therefore, from term to term, by the Court. If then, when the Court ordered it to be dismissed, upon the hearing of the rule to make Rogers the administrator de bonis non, a party, Hardwick, the removed…
2Cited by12 opinions
- Bailey v. McAlpinSupreme Court of Georgia · 1905
- Ex parte WilliamsSupreme Court of Florida · 1890
- Daniel v. HollingsheadSupreme Court of Georgia · 1854
- Ex parte HoltonSupreme Court of Alabama · 1881
- Massey v. PayneWest Virginia Supreme Court · 1930
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