Redd v. Davis
Supreme Court of Georgia
Constitutional law. Judgments. Amendments. Administrators and executors. Statute of Limitations. Equity. Debtor and creditor. Contirbution. Before Judge Crawford. Muscogee Superior Court.
Read the full summary
Constitutional law. Judgments. Amendments. Administrators and executors. Statute of Limitations. Equity. Debtor and creditor. Contirbution. Before Judge Crawford. Muscogee Superior Court. May Term, 1876. Davis filed bis bill against Hampton S. Smith, trustee, and others, legatees under the will of Hudson A. Thornton, to subject certain property which the executor of testator had turned over to them, to the payment of a judgment subsequently obtained by him against such executor. To this bill the defendants filed separate demurrers. The demurrers were overruled, and defendants excepted. Whilst…
1Opinion of the Court
Bleckley, Judge.
The decision complained of was the overruling of the defendants’ several demurrers to complainant’s bill for want of equity. In the argument here, various points were made. Such of them as seem grave enough to merit specific notice will be disposed of in due order.
1. The judgment against the executor is said to be void because rendered -without a jury. The action was a civil case founded on contract. The suit was commenced in January, 1868, in the county court, which court was abolished by the constitution that took effect on July 21st, of that year. Oode, §5128. The…
2Cases cited7 opinions
- Wilder v. LumpkinSupreme Court of Georgia · 1848
- Odell v. WoottenSupreme Court of Georgia · 1868
- Beall v. BlakeSupreme Court of Georgia · 1854
- Lockwood v. BarefieldSupreme Court of Georgia · 1849
- Jones v. ParkerSupreme Court of Georgia · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- Latimer v. SweatSupreme Court of Georgia · 1906
- Beardsley v. HilsonSupreme Court of Georgia · 1894
- Jones v. ParkerSupreme Court of Georgia · 1878
- Chamblee v. Atlanta Brewing & Ice Co.Supreme Court of Georgia · 1908
5 more not listed; retrieve them via the Exa API.