Evans v. Lipscomb
Supreme Court of Georgia
Debt, in Troup Superior Court. Tried before Judge Buu,, at the May Term, i860. This was an action brought against Mrs. Harriet Lipscomb and her securities, on a bond given by her, as the administratrix of the estate of Mildred Bowling, deceased, to- recover the amount due Thomas J. Bowling, William- D. Bowling,, and Archibald W. Tyre, in right of his wife, Mary M. Tyre, formerly Mdry M. Bowling, as distributees of the estate of the said Mildred Bowling, deceased.
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Debt, in Troup Superior Court. Tried before Judge Buu,, at the May Term, i860. This was an action brought against Mrs. Harriet Lipscomb and her securities, on a bond given by her, as the administratrix of the estate of Mildred Bowling, deceased, to- recover the amount due Thomas J. Bowling, William- D. Bowling,, and Archibald W. Tyre, in right of his wife, Mary M. Tyre, formerly Mdry M. Bowling, as distributees of the estate of the said Mildred Bowling, deceased. The plaintiff alleged in his declaration the following breaches of the bond sued on, to wit: ist. That the administratrix had not…
1Opinion of the Court
By the Court.
Jenkins, J.,
delivering the opinion.
The record in this case is very voluminous, and it presents exceptions to different rulings of the Court by each party.
We will consider, first, the exceptions taken by the defendant in the Court below, and as each party is both plaintiff and defendant in error, we shall designate them by their positions, respectively, in the Court below.
1. The defendant excepts, first, on the ground that the Court “erred in not dismissing the action.” We have searched the transcript, in vain, for evidence that any distinct motion was made to dismiss the cause…
2Cited by20 opinions
- Reaves v. Columbus Electric & Power Co.Court of Appeals of Georgia · 1924
- Jackson v. LamarWashington Supreme Court · 1912
- Fouts v. NanceSupreme Court of Oklahoma · 1916
- Sherman v. StephensCourt of Appeals of Georgia · 1923
- Burt v. AndrewsSupreme Court of Georgia · 1900
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