Van Dyke v. Van Dyke
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Lumpkin. Eulton superior court. October 6, 1903. Mary J. Yan Dyke brought an equitable petition against E. A. Yau Dyke, S. G.-Van Dyke, Kitty V. Anderson, and Alice M. Van Dyke.
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Motion to set aside judgment. Before Judge Lumpkin. Eulton superior court. October 6, 1903. Mary J. Yan Dyke brought an equitable petition against E. A. Yau Dyke, S. G.-Van Dyke, Kitty V. Anderson, and Alice M. Van Dyke. The case made by the petition is, in brief, as follows: Howard B. Yan Dyke died intestate, November 21, 1895, owning certain described land, and leaving as his heirs at law the plaintiff and E. A. Van Dyke, S. G. Van Dyke, Edgar C. Van Dyke, and Kitty V. Anderson. Edgar G. died testate, in December, 1898, leaving all of his property to the plaintiff. E. A. Van Dyke was…
1Opinion of the CourtFish, P. J.
(After stating the facts as above.) 1. On the call of the case in this court, the defendant in error, Alice M. Yan Dyke, moved to dismiss the writ of error, on the grounds, that the exception to the ruling in sustaining the demurrer and dismissing the case was not made in time, and that the refusal to reinstate the case was a mere exercise of the discretion of the court, from which a writ of error did not lie. There is no question that the exception to the sustaining of the demurrer and the dismissal of the petition came too late. But the other ground of the motion to dismiss, — that a writ…
2Cases cited13 opinions
- Bowen v. WyethSupreme Court of Georgia · 1904
- Sims v. Cordele Ice Co.Supreme Court of Georgia · 1904
- Portwood v. HuntressSupreme Court of Georgia · 1901
- Aiken v. Peck & AllenSupreme Court of Georgia · 1884
- Webb v. ParksSupreme Court of Georgia · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Crutcher v. Crawford Land Co., Inc.Supreme Court of Georgia · 1964
- Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
- Berrien County Bank v. AlexanderSupreme Court of Georgia · 1922
- White v. North Georgia Electric Co.Supreme Court of Georgia · 1907
- Deen v. Baxley State BankSupreme Court of Georgia · 1941
28 more not listed; retrieve them via the Exa API.