Davis v. Bagley
Supreme Court of Georgia
Administrators and Executors. Devastavit. Charge of Court. Practice of Supreme Court. Before Judge Johnson. Harris Superior Court. October Term, 1871. For the facts, see 40 Georgia Reports, 181, and the opinion. (When the opening argument for plaintiff in error was concluded, defendant’s counsel discovered that the bill of exceptions did not appear to have been filed in the office of the Clerk of the Superior Court, and for this, moved to dismiss the case.
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Administrators and Executors. Devastavit. Charge of Court. Practice of Supreme Court. Before Judge Johnson. Harris Superior Court. October Term, 1871. For the facts, see 40 Georgia Reports, 181, and the opinion. (When the opening argument for plaintiff in error was concluded, defendant’s counsel discovered that the bill of exceptions did not appear to have been filed in the office of the Clerk of the Superior Court, and for this, moved to dismiss the case. The Court said the motion came too late.)
1Opinion of the Court
Montgomery, Judge.
The facts of this case are fully set out in the same case, as it is reported in 40 Georgia, 181, except as to the charge of the Court.
Counsel for plaintiff, requested the Court, in the present case to charge the jury, “ that the $5,000, paid by Bagley to the children of Mrs. Davis, were assets in his, Bagley’s, hands” — which the Court refused to do. We think, under the former decision in the case, the plaintiff was entitled to *109the charge. The delivery of the assets to the children was there decided to be a devastavit, and if a devastavit, the fund was certainly, in…
2Cited by3 opinions
- Lane v. TarverSupreme Court of Georgia · 1922
- King v. StateSupreme Court of Georgia · 1929
- West v. Gainesville National BankSupreme Court of Georgia · 1924