Cameron v. Castleberry
Supreme Court of Georgia
In Equity, in Troup Superior Court. Tried before Judge ..Bull, at May Term, 1859. These two cases were argued together. The first was a hill in equity, filed by Sena S. Castleberry, surviving executrix of the last will and testament of Edward Castleberry, deceased, and others, against Emily S. Cameron, administratrix, and Thomas G. ■ Simms, administrator of James H. Cameron, deceased, for an account of the assets of thp estate of said Edward, which went into the hands of the…
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In Equity, in Troup Superior Court. Tried before Judge ..Bull, at May Term, 1859. These two cases were argued together. The first was a hill in equity, filed by Sena S. Castleberry, surviving executrix of the last will and testament of Edward Castleberry, deceased, and others, against Emily S. Cameron, administratrix, and Thomas G. ■ Simms, administrator of James H. Cameron, deceased, for an account of the assets of thp estate of said Edward, which went into the hands of the said J ames H. Cameron, deceased, as one of the executors of the last will and testament of said Edward Castleberry,…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
Did the Court err, in overruling the motions to set aside the award in these two cases ? We think so.
•The motion in the first of these two cases, will be the first considered.
■ One of the defences in the first case, was, the statute of limitations. If that. defence was well founded, it was of course a bar to the whole suit. The question, whether it *500was or was not well founded, was therefore, a question which had to be decided, before there could be any legal award.
One of the grounds of the motion, was, that the arbitrators failed to decide this…
2Cited by4 opinions
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- Rhodes v. HardyMississippi Supreme Court · 1876
- Barnes v. AverySupreme Court of Georgia · 1941
- Barnes v. AverySupreme Court of Georgia · 1941