Turner v. Jordan
Supreme Court of Georgia
Witness. Judgments. Administrators and Executors. Attorney and Client. Before Judge HÓOD. Terrell Superior Court. May Term, 1881. A suit was pending in Terrell superior court in favor of Turner vs. Reviere. The defendant died, and Jordan became his administrator. Parks and Wooten had been the attorneys of the intestate, the former having more particularly the charge of the case. During the first year of the administration the administrator was made a party.
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Witness. Judgments. Administrators and Executors. Attorney and Client. Before Judge HÓOD. Terrell Superior Court. May Term, 1881. A suit was pending in Terrell superior court in favor of Turner vs. Reviere. The defendant died, and Jordan became his administrator. Parks and Wooten had been the attorneys of the intestate, the former having more particularly the charge of the case. During the first year of the administration the administrator was made a party. Parks consenting thereto, and the case was continued. At a subsequent term it was tried, and a verdict and judgment rendered for the…
1Opinion of the Court
Jackson, Chief Justice.
This was a motion to set aside a judgment on the ground that the administrator was made a party in less than twelve months after the death of intestate without his consent, or the consent of any counsel employed by him, and without his knowledge.
The entire case, law and fact, was submitted to the court,, and the judgment was set aside. Whereupon the plaintiff' excepted, and assigns for error here three points.
1. The first is that the administrator was incompetent to testify, Parks, the counsel, or one of counsel employed by the intestate, being dead. Parks was not a…
2Cases cited2 opinions
- Dugan v. McGlannSupreme Court of Georgia · 1878
- Dobbins v. DupreeSupreme Court of Georgia · 1869
3Cited by16 opinions
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- Regopoulas v. StateSupreme Court of Georgia · 1902
- Union Compress Co. v. Leffler & SonSupreme Court of Georgia · 1905
- Davis v. AlbrittonSupreme Court of Georgia · 1907
- Heath v. MillerSupreme Court of Georgia · 1903
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