Legal Opinion

McNamara v. McNamara

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 5 opinions

Administrators and executors. Notice. Courts. Jurisdiction. Principal and agent. Equity. Before Judge Htllyee. Fulton Superior Court. March Term, 1878. It is only necessary to add to the report contained in the opinion the following: The sixth ground of motion for new trial (mentioned in the fifth division) was that the verdict was contrary to the charge of the court.

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Administrators and executors. Notice. Courts. Jurisdiction. Principal and agent. Equity. Before Judge Htllyee. Fulton Superior Court. March Term, 1878. It is only necessary to add to the report contained in the opinion the following: The sixth ground of motion for new trial (mentioned in the fifth division) was that the verdict was contrary to the charge of the court. The eighth ground was that the court erred in charging that “ where a part only of the record is before the court, and the judgment does not mention the parties by name as having been served, but only describes them as a class,…

1Opinion of the Court

Jackson, Justice.

This was a bill filed by the complainants, who are the children of Mrs. Eliza McNamara, against her as their trustee, James M. Goldsmith, and John T. Meador, as trustee for his wife and children, to set aside a deed made by Mrs. McNamara to Goldsmith, and a bond for title from Goldsmith to Meador, and to recover the house and lot in Atlanta so conveyed by her to Goldsmith, and by him to Meador, and have the title thereto executed to them.

The facts are that John McNamara, the father of complainants, died in New York leaving a large estate, partly in New York and partly in…

2Cases cited1 opinion

  1. Sanford v. ThompsonSupreme Court of Georgia · 1855

3Cited by5 opinions

  1. Owsley v. BowdenSupreme Court of Georgia · 1926
  2. Tattnall Bank v. HarveySupreme Court of Georgia · 1938
  3. Ball v. MurrayCourt of Appeals of Georgia · 1956
  4. Gray v. HaferOhio Superior Court, Cincinnati · 1904
  5. JENNIFER WALKER v. GEORGIA DEPARTMENT OF HUMAN SERVICESCourt of Appeals of Georgia · 2025

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