Crawford v. Cate
Supreme Court of Georgia
In Equity, in Webster Superior Court. Decided by Judge Kiddoo, April Term, 1856. A bill was filed in favor of Butt L. Cate, against Robert A. Crawford, administrator of John A. Lyon, deceased, praying the delivery up and cancellation of certain promissory ’.notes which the said Cate had given to the said Lyon in his .lifetime; and also, praying that certain Common Law suits which had been instituted on said notes, be enjoined until a hearing could be had on the bill.
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In Equity, in Webster Superior Court. Decided by Judge Kiddoo, April Term, 1856. A bill was filed in favor of Butt L. Cate, against Robert A. Crawford, administrator of John A. Lyon, deceased, praying the delivery up and cancellation of certain promissory ’.notes which the said Cate had given to the said Lyon in his .lifetime; and also, praying that certain Common Law suits which had been instituted on said notes, be enjoined until a hearing could be had on the bill. The case was submitted to a Jury in May, 1855, and resulted in a decree in favor of the complainant. The defendant demanded an…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
We agree with the Counsel for the defendant in error, that the Clerk is not bound to recieve an appeal, even from an administrator, .until the costs have been paid to him.
But, then, we hold, that if the Clerk does receive an ap*71peal from an administrator, without exacting the costs, the appeal is good, and the Clerk becomes estopped from saying that the costs have not been paid to him — estopped as to all persons, at least, except the appellant.
The Clerk, in receiving an appeal is, so far as the costs are concerned, the agent of both the appellant…
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