Christian v. Westbrook
Supreme Court of Georgia
New Trial. Administrators and Executors. Fraud. Statute of Limitations. Guardian and Ward. Before Judge Brown. Cherokee Superior Court. February Term, 1885. This was a hill filed by the sons of a decedent against the administrators on his estate for an accounting. It was alleged that they bad obtained a discharge by fraud, which the complainants had discovered only some two months before suing.
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New Trial. Administrators and Executors. Fraud. Statute of Limitations. Guardian and Ward. Before Judge Brown. Cherokee Superior Court. February Term, 1885. This was a hill filed by the sons of a decedent against the administrators on his estate for an accounting. It was alleged that they bad obtained a discharge by fraud, which the complainants had discovered only some two months before suing. The discharge was obtained in 1871; the bill was filed in 1877; one of the complainants became of age in December, 1S71, and the other about two years later. The former had a guardian; the latter had…
1Opinion of the Court
Hall, Justice.
Both parties excepted to the auditor’s report in this case; the issues made by these exceptions have been passed upon by two juries at different terms of the court; each jury returned the same verdict, and both verdicts found against •the exceptions and in favor of the auditor’s report. Upon a motion made by the defendants, the first verdict was set aside, and a new trial was ordered. The defendants made a motion to set aside the verdict rendered on the last trial, and asked that another new trial be awarded them, which was refused by the judge, who presided at both the trials.
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2Cited by8 opinions
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- Taylor v. Central Railroad & Banking Co.Supreme Court of Georgia · 1888
- Pollock v. CoxSupreme Court of Georgia · 1899
- White v. RoperSupreme Court of Georgia · 1932
- Summerlin v. FloydSupreme Court of Georgia · 1906
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