Legal Opinion

Oglesby v. Gilmore

Supreme Court of Georgia

Decided January 15, 1850No. 15PublishedCited by 2 opinions

In Equity, in Lee Superior Court. Before Judge Warren, November Term, 1849. When this cause was previously before this Court, (5 Ga.

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In Equity, in Lee Superior Court. Before Judge Warren, November Term, 1849. When this cause was previously before this Court, (5 Ga. Rep. 56,) it was remanded, with instructions, “ That the administrator, de bonis non, file his bill within a reasonable time; against both the parties now before the Court, in'which all concerned may litigate ; and failing or refusing so to do, it is farther Ordered, that the funds in the hands of the receiver be paid over to George S. Oglesby.” A motion being subsequently made in the Court below, to dissolve the injunction, on the coming in of the answer, and…

1Opinion of the Court

The following order was entered in this case:

George S. Oglesby, plaintiff in error, vs. Wm. W. Gilmore, administrator, &c. defendant.

This cause came before the Court, upon a bill of exceptions and transcript of the record, from the Superior Court of Lee County; and after argument of counsel heard thereon, it is considered and adjudged by the Court, that the order of the Court below be reversed, and a re-hearing had, upon the ground that the Court erred, in holding that it was controlled, in the premises, hy the instructions sent down from this Court, in the case of Oglesby vs. Gilmore and…

2Cited by2 opinions

  1. Epps & Leabow v. BuckmasterSupreme Court of Georgia · 1898
  2. First State Bank & Trust Co. of Hereford v. Southwestern Engineering & Construction Co.Court of Appeals of Texas · 1914

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