McNulty v. Pruden
Supreme Court of Georgia
Practice in the Supreme Court. Parties. Amendment. Administrators and executors. Distribution. Attorney and client. Fees. Before Judge MoCutci-ien. Whitfield County. At Chambers. January 10th, 1878. This case arose upon a bill-filed by Pruden as administrator of Haddock, against the creditors of the intestate to marshal the assets, and praying direction as to the payment of the debts. By agreement, the case was heard in vacation.
Read the full summary
Practice in the Supreme Court. Parties. Amendment. Administrators and executors. Distribution. Attorney and client. Fees. Before Judge MoCutci-ien. Whitfield County. At Chambers. January 10th, 1878. This case arose upon a bill-filed by Pruden as administrator of Haddock, against the creditors of the intestate to marshal the assets, and praying direction as to the payment of the debts. By agreement, the case was heard in vacation. The questions passed upon in this court arose upon four claims, to-wit: 1st. McNulty, George & Hall, account for $332.42. 2nd. The Hoiston Salt and Plaster Company,…
1Opinion of the Court
Bleckley, Justice.
1. The motion made to dismiss the writ of error for the the non-joinder of those defendants in the bill to whom precedence or priority in sharing the assets of the estate was decreed below, could be met and avoided only by an amendment introducing said co-defendants as co'-plaintiffs in error here. The amendment may be made instanter, the record affording matter to amend by, (Code, §4288; 1 Ga., 403; 8 Ib., 317; 12 Ib., 270; 49 Ib., 388,) and when made, it will be the privilege of the new parties to sever with the old, and decline to take part in prosecuting the writ.…
2Cases cited2 opinions
- Bailey v. LumpkinSupreme Court of Georgia · 1846
- Hargraves v. LewisSupreme Court of Georgia · 1849
3Cited by15 opinions
- Western Union Telegraph Co. v. GriffithSupreme Court of Georgia · 1900
- Aflac, Inc. v. WilliamsSupreme Court of Georgia · 1994
- Ramey v. O'ByrneSupreme Court of Georgia · 1904
- Craig v. WebbSupreme Court of Georgia · 1883
- Hollingsworth v. Peoples BankSupreme Court of Georgia · 1934
10 more not listed; retrieve them via the Exa API.