Ray v. Anderson
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Lumpkin. Eulton superior court. May 6, 1901. Anderson, as administrator, was not a party pro forma to the record in the claim case. 112 Ga. 675. A judgment in favor of or against a party who is dead at the time of trial should be set aside on motion. 49 L. R. A. 153; 27 Id. 735; 18 Ala. 619; 3 Ga. 104; 51 Ga. 234; 53 Ga. 498; 68 Ga. 137. In the cases reported in 64 Ga. 292, 63 Ga. 224, 69 Ga. 539, and 77 Ga. 136, the claimants…
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Motion to set aside judgment. Before Judge Lumpkin. Eulton superior court. May 6, 1901. Anderson, as administrator, was not a party pro forma to the record in the claim case. 112 Ga. 675. A judgment in favor of or against a party who is dead at the time of trial should be set aside on motion. 49 L. R. A. 153; 27 Id. 735; 18 Ala. 619; 3 Ga. 104; 51 Ga. 234; 53 Ga. 498; 68 Ga. 137. In the cases reported in 64 Ga. 292, 63 Ga. 224, 69 Ga. 539, and 77 Ga. 136, the claimants appear to have been estopped by reason of having waited too long; but in this case there is no element of estoppel. The…
1Opinion of the CourtLumpkin, P. J.
At the October term, 1900, this court dismissed the writ of error in a case stated upon the docket as that of “ A. F. Ray v. P. P. Pease, adm’r, et al.” The bill of exceptions did not designate, eis nominibus, the parties thereto. It was obvious, however, that Mrs. Eay was the plaintiff in error in the case. The only indication given by the bill of exceptions as to who should be regarded as defendants in error was a recital therein that “the case of Emma C. Pease vs. A. F. Ray, claimant, and P. P. Pease, administrator of Emma C. Pease, vs. A. F. Ray, claimant, the two cases having been…
2Cases cited1 opinion
- Rountree v. Lathrop & Co.Supreme Court of Georgia · 1882
3Cited by5 opinions
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- Bailey v. WilhiteSupreme Court of Georgia · 1930
- Neal v. HeardSupreme Court of Georgia · 1906