Legal Opinion

Beall v. Blake

Supreme Court of Georgia

Decided August 15, 1854No. 18PublishedCited by 16 opinions

In Equity, in Houston Superior Court. Decided by Judge Hardeman, April Term, 1854. Tbe facts of this case, are as follows: In 1834, Mrs. Eebecca Bostwiek died testate, leaving a large estate. Her will contained sundry specific legacies, and the remainder was bequeathed to certain residuary legatees, of whom Mary Adeline Beall, who afterwards married Blake, the defendant in error, was one. Nathan H. Beall was her executor.

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In Equity, in Houston Superior Court. Decided by Judge Hardeman, April Term, 1854. Tbe facts of this case, are as follows: In 1834, Mrs. Eebecca Bostwiek died testate, leaving a large estate. Her will contained sundry specific legacies, and the remainder was bequeathed to certain residuary legatees, of whom Mary Adeline Beall, who afterwards married Blake, the defendant in error, was one. Nathan H. Beall was her executor. After her death, a litigation arose between her legatees, and the legatees under the will of her former husband, Jacob Bostwiek, in which the question was, how much of the…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

[l.j Should the Court below, on the motion of the defendant in the bill, have ordered the amendment to be taken from the files ?

The only reason assigned by the defendant for this motion was, that the amendment had, as he insisted, been “ irregularly and improperly put in, the subject-matter having been before passed on.”

But it is not true, in point of fact, that the “ subject-matter” of the amendment hadbeen “passed on.” Whatis true is this: When the Court was about to give judgment — about to “pass on” that “subject-matter”, the subject-matter…

2Cited by16 opinions

  1. Moore v. BryanCourt of Appeals of Georgia · 1935
  2. Lang v. VaughnSupreme Court of Georgia · 1912
  3. Pope v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1942
  4. State Highway Department v. StewartCourt of Appeals of Georgia · 1961
  5. Williams v. FormanSupreme Court of Georgia · 1924

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