Sirrine v. Southwestern Railroad
Supreme Court of Georgia
Appointment of auditor. Before Judge Clark. Sumter Superior Court. November Term, 1872. The Southwestern Railroad Company brought complaint against William Sirrine, as administrator upon the estate of Hawkins H. Nunn, deceased, as principal, and William W. Barlow and Wade J. Barlow, securities, on a bond made by said Nunn, on June 14th, 1857, in the sum of $10,000 00, conditioned for the faithful discharge of his duties, as agent of said railroad company at Americus, and for…
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Appointment of auditor. Before Judge Clark. Sumter Superior Court. November Term, 1872. The Southwestern Railroad Company brought complaint against William Sirrine, as administrator upon the estate of Hawkins H. Nunn, deceased, as principal, and William W. Barlow and Wade J. Barlow, securities, on a bond made by said Nunn, on June 14th, 1857, in the sum of $10,000 00, conditioned for the faithful discharge of his duties, as agent of said railroad company at Americus, and for a full account of all property, moneys, etc., received by him as such agent. Pending the litigation the plaintiff…
1Opinion of the Court
Warner, Chief Justice.
The error complained of in this case is the appointment of an auditor to audit the accounts of the defendant’s intestate, who, and his securities, were sued on the bond of the intestate as the agent of the plaintiff, alleging as a breach thereof, that the defepdant’s intestate had received divers sums of money *587as such agent, which he had not accounted for and paid over to the plaintiff. Under the provisions of the Act of 1871, the Court is authorized to appoint an auditor to investigate matters of account, if in its discretion the case shall require it.
Let the judgment…
2Cited by1 opinion
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