Mitchell v. Pyron
Supreme Court of Georgia
Motion to dismiss an appeal, in Troup Superior Court. Decision by Judge O. Warner, August Term, 1854. William Mitchell applied for and obtained letters of administration on the estate of Jacob Striman, deceased, no objections being made or filed thereto. Within four days, Lewis Pyron, alleging himself to be the principal creditor of Striman, appealed from the order appointing Mitchell, and in the Appellate Court, filed his caveat to the appointment.
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Motion to dismiss an appeal, in Troup Superior Court. Decision by Judge O. Warner, August Term, 1854. William Mitchell applied for and obtained letters of administration on the estate of Jacob Striman, deceased, no objections being made or filed thereto. Within four days, Lewis Pyron, alleging himself to be the principal creditor of Striman, appealed from the order appointing Mitchell, and in the Appellate Court, filed his caveat to the appointment. Counsel for Mitchell moved to dismiss the appeal— 1st. Because Pyron filed no objection in the Ordinary Court. 2d. Because there was no issue in…
1Opinion of the Court
By the Court.
StArnes, J.
delivering the opinion.
[1.] The same strictness, as to matters of service and pleading, which is required in cases at Common Law, is not observed in the Ecclesiastical Courts or in our Courts of Ordinary, which derives its practice, in this regard, from the Ecclesiastical Courts of England. Accordingly, service is perfected on kindred and creditors, in these Courts, by citation. (1 Bro. Civ. L. 453, 454. 4 Co. 29, a. 7 Co. 42, b. Bac. Abr. Tit. Ecc. C. (E.) Roll. Abr. S. 30.)
[2.] It is not denied that the citation in this case was regular. If it were, and Pyron was a…
2Cited by5 opinions
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- Bruce v. McMullenCourt of Appeals of Georgia · 1991
- Bruce v. McMullenCourt of Appeals of Georgia · 1991
- In Re: Estate of Billy RogersCourt of Appeals of Georgia · 2013
- In re Estate of RogersCourt of Appeals of Georgia · 2013