Dubberly v. Varnedoe
Court of Appeals of Georgia
Appeal; from Liberty superior court—Judge Sheppard. February 19, 1918. A petition to the'ordinary, to require Davis Dubberly, as administrator of the estate of Mrs. Sarah J. Yarnedoe, to make a settlement with the heirs at law, was filed by the heirs in March, 1915. In his answer, made at the May term, the administrator admitted that he had not made returns as required by law, and he attached to the answer what was designated as “annual return of Davis Dubberly,…
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Appeal; from Liberty superior court—Judge Sheppard. February 19, 1918. A petition to the'ordinary, to require Davis Dubberly, as administrator of the estate of Mrs. Sarah J. Yarnedoe, to make a settlement with the heirs at law, was filed by the heirs in March, 1915. In his answer, made at the May term, the administrator admitted that he had not made returns as required by law, and he attached to the answer what was designated as “annual return of Davis Dubberly, administrator of estate of Mrs. Sarah J. Yarn'edoe.” This return shows that the administrator received $525 from the sale of land,…
1Opinion of the CourtBloodworth, J.
1. On appeal this ease was properly disposed of in the superior court by the verdict. “An appeal is a de novo investigation, and should not be dismissed because of the absence of either party to the cause. The action may be dismissed for such absence and failure to prosecute the case on the part of the plaintiff, but the appeal can not be dismissed for that reason.” Rousch v. Green, 2 Ga. App. 112 (58 S. E. 313); Singer Mfg. Co. v. Walker, 77 Ga. 649.
2. The court did not err in holding that the burden was on the administrator to show that his returns were correct. In his answer he admitted…
2Cases cited4 opinions
- Rousch v. GreenCourt of Appeals of Georgia · 1907
- Singer Manufacturing Co. v. Walker & Co.Supreme Court of Georgia · 1886
- Wellborn v. RogersSupreme Court of Georgia · 1858
- King v. NewtonSupreme Court of Georgia · 1873
3Cited by4 opinions
- Holsenbeck v. ArnoldCourt of Appeals of Georgia · 1947
- Byers v. ByersCourt of Appeals of Georgia · 1930
- Ellis v. McWilliamsCourt of Appeals of Georgia · 1943
- Arnold v. Maryland Casualty Co.Court of Appeals of Georgia · 1936