Hardwick v. Thomas
Supreme Court of Georgia
In Equity, in Stewart Superior Court. Decision on demurrer, by Judge Iverson,'May Term, 1851. Micajah Thomas, a judgment creditor of Darius Gilbert, deceased, and others who were creditors by note, filed a bill in behalf of themselves and other creditors of said Gilbert, against Thomas Gilbert and William M. Hardwick, charging among other things, that Darius Gilbert died in the County of Hancock, testate, leaving Wm.
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In Equity, in Stewart Superior Court. Decision on demurrer, by Judge Iverson,'May Term, 1851. Micajah Thomas, a judgment creditor of Darius Gilbert, deceased, and others who were creditors by note, filed a bill in behalf of themselves and other creditors of said Gilbert, against Thomas Gilbert and William M. Hardwick, charging among other things, that Darius Gilbert died in the County of Hancock, testate, leaving Wm. M. Hardwick and Thomas Gilbert as his executors; that Hardwick alone qualified, although in all of his transactions as executor, the bill charged he was counselled and directed…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] We do not doubt but that what is usually called a cred-tor’s bill in a proper case made, will lie in Georgia. The contrary Was assumed in the argument of this and other cases at the present term. The point being overruled in a previous case, was not pressed in this. The argument to sustain our opinion on this head, will doubtless appear in its proper place.
The demurrer to this bill must be sustained on one vital point. On that account, we render no judgment upon the other specifications.
[2.] The bill makes, in my judgment, a strong case for…
2Cited by6 opinions
- Bailey v. McAlpinSupreme Court of Georgia · 1905
- Higginbotham v. AdamsSupreme Court of Georgia · 1941
- Giles v. BrownSupreme Court of Georgia · 1878
- Waldrop v. NolanSupreme Court of Georgia · 1941
- J. B. Withers Cigar Co. v. KirkpatrickSupreme Court of Georgia · 1943
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