Legal Opinion

Williams v. Jones

Supreme Court of Georgia

Decided October 10, 1882PublishedCited by 6 opinions

Practice in Supreme Court. At September Term, 1882. The bill of exceptions in this case recited, in brief, as follows: “The case of E. M. Jones, administrator, vs. Geo. T. Bartlett, the City Bank oí Macon, John T. Williams, and other creditors of the estate of M. Husen, deceased,” being a bill to marshal the assets of the estate, came on for trial at the May term, 1882, of Terrell superior cou'rt.

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Practice in Supreme Court. At September Term, 1882. The bill of exceptions in this case recited, in brief, as follows: “The case of E. M. Jones, administrator, vs. Geo. T. Bartlett, the City Bank oí Macon, John T. Williams, and other creditors of the estate of M. Husen, deceased,” being a bill to marshal the assets of the estate, came on for trial at the May term, 1882, of Terrell superior cou'rt. At a previous term, a -master in chancery had been appointed, who had made a report, finding, among other things, that there was a debt in favor of John Williams for nine hundred and thirty-six…

1Opinion of the Court

Jackson, Chief Justice.

A motion was made to dismiss this bill of exceptions on three grounds: first, because all the parties directly interested in the issue made by the bill of exceptions are not made parties thereto and served therewith ; secondly, because the judge’s direction to the clerk in his certificate to the bill of exceptions is to transmit to this court, not an entire transcript of the record, but only a part thereof; and thirdly, because a motion for new trial is still pending in the court below, and the judgment of this court on this writ of error will not dispose of the case…

2Cases cited1 opinion

  1. McNulty v. PrudenSupreme Court of Georgia · 1878

3Cited by6 opinions

  1. Duke v. StorySupreme Court of Georgia · 1901
  2. Darden v. RobertsSupreme Court of Georgia · 1942
  3. Sellers v. McNairCourt of Appeals of Georgia · 1931
  4. Petersen v. Ohio Copper Co.Utah Supreme Court · 1928
  5. Warm Springs Banking Co. v. RiehleCourt of Appeals of Georgia · 1929

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