Phelps v. Daniel
Supreme Court of Georgia
Year’s support. Appeal. Ordinary. Bonds. Amendment. Before Judge Lumpkin. Taliaferro superior pourt. August term, I860. Rebecca Daniel, as next friend of Willie Bird, applied to the' ordinary for the setting apart of a year’s support to Willie Bird out of the estate of his mother, M. E. Bird. The ordinary appointed appraisers to set aside such support, and they reported that they had set apart $700 in money. The return was received and citation issued by the ordinary.
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Year’s support. Appeal. Ordinary. Bonds. Amendment. Before Judge Lumpkin. Taliaferro superior pourt. August term, I860. Rebecca Daniel, as next friend of Willie Bird, applied to the' ordinary for the setting apart of a year’s support to Willie Bird out of the estate of his mother, M. E. Bird. The ordinary appointed appraisers to set aside such support, and they reported that they had set apart $700 in money. The return was received and citation issued by the ordinary. Phelps, as a creditor of Mrs. Bird, filed a caveat on three grounds, one of which was, that Willie Bird is not legally…
1Opinion of the Court
Bleckley-, Chief Justice.
The cross-bill of exceptions is first to be considered.
1. The right to appeal is recognized expressly in the statute by which proceedings for a year’s support are provided for and under which they are to be conducted. Code, §2573, Acts of 1884-5, pp. 49, 50. Quite a number of cases have' been brought to this court in which the right of appeal was exercised, and we have never before heard the question made. The ordinary certainly acts judicially in allowing or disallowing objections filed to the return of appraisers appointed to set apart and assign the year’s support.
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2Cases cited1 opinion
- Farris v. BattleSupreme Court of Georgia · 1887
3Cited by15 opinions
- United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
- Grant v. SosebeeSupreme Court of Georgia · 1929
- McNair v. RabunSupreme Court of Georgia · 1924
- Richardson v. HairriedSupreme Court of Georgia · 1947
- Edwards v. AddisonSupreme Court of Georgia · 1938
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