Legal Opinion

Cleveland v. Chambliss

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 5 opinions

New trial. Practice in the Supreme Court. Equity. Administrators and executors. Judgments. Fraudulent conveyance. Charge of Court. Before Judge Grioe. Crawford County. At Chambers.

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New trial. Practice in the Supreme Court. Equity. Administrators and executors. Judgments. Fraudulent conveyance. Charge of Court. Before Judge Grioe. Crawford County. At Chambers. July 11, 1878. In February, 1875, Thomas E.'Chambliss, as guardian of tbe minors of Israel J. Chambliss,- deceased, filed bis bill against Wilde C. Cleveland as executor of Washington 0. Cleveland, deceased, and as trustee for Orleana A. and Oliver 0. Cleveland, making, in brief, this case: In 1858 complainant loaned to Washington 0. Cleveland, principal, and E. T. Jordan, security, about $5,300.00, and to said…

1Opinion of the Court

Bleckley, Justice.

1. A point was made in the argument which was not presented below, and upon which the judge there presiding did not rule. We were urged to reverse the judgment granting a new trial, because the notice given of the intended motion did not specify any ground or grounds upon which the motion would be based. To show that the notice must embrace the grounds, and not merely an admonition of the intention to move, we were cited to 21 Ga., 216; 30 Ib., 677; and Code, §3721, compared with Cobb’s Dig., 503. Let it be granted that the notice was defective for want of fulness, there was…

2Cases cited1 opinion

  1. Powell v. HowellSupreme Court of Georgia · 1857

3Cited by5 opinions

  1. Ashurst v. StateCourt of Criminal Appeals of Alabama · 1984
  2. B & L SERVICE CO. v. GersonCourt of Appeals of Georgia · 1983
  3. Williamson v. StateWisconsin Supreme Court · 1966
  4. Ripple v. WoldSouth Dakota Supreme Court · 1998
  5. Ripple v. WoldSouth Dakota Supreme Court · 1998

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