McCay v. Devers
Supreme Court of Georgia
Covenant, in Clarke Superior Court. Decided by Judge Jackson, August Term, 1850. This was an action brought on a contract made by McCay and Devers, for the construction of a mill-dam, by Devers, at Princeton Factory, in Clarke County. The declaration was brought against “ Charles F. McCay, one of the executors of William Williams, deceased,” and the process was so directed. The declaration did not state that he was sued “as executor.”
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Covenant, in Clarke Superior Court. Decided by Judge Jackson, August Term, 1850. This was an action brought on a contract made by McCay and Devers, for the construction of a mill-dam, by Devers, at Princeton Factory, in Clarke County. The declaration was brought against “ Charles F. McCay, one of the executors of William Williams, deceased,” and the process was so directed. The declaration did not state that he was sued “as executor.” A verdict being rendered for the plaintiff, defendant appealed, without giving. security, alleging himself, in the appeal, to be executor. On the-trial of the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Is a defendant who is sued, individually, upon a contract which he himself has made with the plaintiff, entitled to appeal *185from a verdict rendered against him, without giving security, by proving that the contract on which the action was brought, was made for the benefit of the estate, which he represented as executor, and that he was authorized, by the will of his testator, to make such contracts ?
By the Judiciary Act of 1799, executors and administrators are not required to give security upon entering an appeal. Prince, 426. In every case…
2Cited by1 opinion
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