Legal Opinion

Gause v. Walker

Supreme Court of Georgia

Decided July 15, 1875PublishedCited by 5 opinions

Equity. Injunction. Administrators and executors. Pleadings. Before Judge Bartlett. Baldwin county. At Chambers. October 8th, 1875. Eeported in the opinion.

1Opinion of the Court

Jackson, Judge.

Gause obtained a judgment de bonis testatoris against Walker as executor, Walker having filed no plea of plene administravit prceter, or otherwise. Suit at common law was brought on this judgment to charge the executor individually, and pending that suit he, the executor, filed a bill of injunction praying to enjoin the common law suit on the ground that the judgment against him, at law, was conclusive, without a resort to equity j but that it would be inequitable to hold him individually bound, because at the time of such suit *130lie held a life policy of $6,000 00 and twelve…

2Cited by5 opinions

  1. Duval v. HuntSupreme Court of Florida · 1894
  2. Whiddon v. Williams & Co.Supreme Court of Georgia · 1896
  3. Auld v. SchmelzSupreme Court of Georgia · 1945
  4. Merritt v. MerrittSupreme Court of Georgia · 1881
  5. Auld v. SchmelzSupreme Court of Georgia · 1945

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