Steinberg v. Freedman

Russell, Chief Justice.

This case is before this court on certiorari. The facts sufficiently appear in the report of the decision under review. 55 Ga. App. 298 (190 S. E. 187).

1. Under the facts of the case, the judgment against the executrix in her representative capacity was conclusive upon her as to the sufficiency of assets to pay the debt. Gibson v. Robinson, 90 Ga. 756 (2) (16 S. E. 969, 35 Am. St. R. 250); Porter v. Rountree, 111 Ga. 369 (36 S. E. 761); Staten v. Cox, 41 Ga. App. 763 (154 S. E. 721).

2. In the present later suit by the creditor, based upon such judgment, to recover a…