Beall v. Surviving Executors of Fox
Supreme Court of Georgia
Starnes, contra, contended, that this Bill was filed by the Executors of Fox, against the heirs at law, and certain charities, legatees under the Will, for the construction of the Court. The decision below was in favor of the charities and against the heirs. It was impossible, therefore, to make them all parties plaintiff. And also, that the description "heirs at law,” was sufficiently definite.
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Starnes, contra, contended, that this Bill was filed by the Executors of Fox, against the heirs at law, and certain charities, legatees under the Will, for the construction of the Court. The decision below was in favor of the charities and against the heirs. It was impossible, therefore, to make them all parties plaintiff. And also, that the description "heirs at law,” was sufficiently definite. If necessary, he moved to amend the Writ of Error by inserting the other heirs as parties plaintiff.
1Opinion of the Court 1
£1.] Where a writ of error was brought in the name of Catharine E. Beall and others, heirs at law, held to be a fatal defect — the writ muststate the names of the others.
[2.] Where the names of the others are apparent on the face of the record, the writ may be amended by the record, provided the amendment does not prejudice the rights of any of the parties thereto.
Cone, moved to dismiss the writ, on the ground that the plaintiffs were therein described as “ Catharine E. Beall and others, heirs at law,” without stating who the others were, and cited, Morris vs. Wiley, 2 Kelly.
Gould, same side,…
Also in this document: Opinion of the Court · Warner.
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