McDougald v. Dougherty
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decisions by •Judge Iverson, November Term, 1852. In March, 1853, William Dougherty filed a bill in Equity, for liimself, and in behalf of all other creditors of Daniel Mc-Dougald, who might choose to come in-and be made parties, setting forth that McDongald, in his life-time, made an assignment for the benefit of his creditors, of a large amount ef property, constituting therein Robert R. Alexander and Seaborn Jones, the trustees for…
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In Equity, in Muscogee Superior Court. Decisions by •Judge Iverson, November Term, 1852. In March, 1853, William Dougherty filed a bill in Equity, for liimself, and in behalf of all other creditors of Daniel Mc-Dougald, who might choose to come in-and be made parties, setting forth that McDongald, in his life-time, made an assignment for the benefit of his creditors, of a large amount ef property, constituting therein Robert R. Alexander and Seaborn Jones, the trustees for the execution of the trusts declared in the assignment. That the trustees liad failed, utterly, to execute the same, but…
1Opinion of the Court
liy the OcMrt.
StarneS, J.
delivering- the opinion.
It is objected, that the Court below erred in admitting .the ’amendment in this case. 1. Because'Mrs. MeDougald, as administratrix, had .tendered the amount due to the complains,ut. both by pei’sonally depositing the same with tho Clerk, and by her cross-bill, which had been-filed, and that there is no occasion, therefore, to amend the bill for tho relief of the complainant. ' 2. Because that the order directed the defendants to answer at the next term. 8. That the amendment tras *678made at too lato a period of the proceedings, and unnecessarily…
2Cases cited2 opinions
- McDougald v. DoughertySupreme Court of Georgia · 1852
- Van Leonard v. StocksSupreme Court of Georgia · 1853
3Cited by34 opinions
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Hull v. MyersSupreme Court of Georgia · 1893
- Marshall v. LivingstonSupreme Court of Georgia · 1886
- Dejarnette v. Hospital Authority of AlbanySupreme Court of Georgia · 1942
- Huntsinger v. StateSupreme Court of Georgia · 1945
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