McGehee v. Polk
Supreme Court of Georgia
In Equity, from Muscogee county. Decided by Judge Workill. November Term, 1857. The bill of exceptions in this case was filed by Abner Mc-Gehee, against the decision of the Court below, refusing to dissolve a writ of ne exeat which had been issued against him.
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In Equity, from Muscogee county. Decided by Judge Workill. November Term, 1857. The bill of exceptions in this case was filed by Abner Mc-Gehee, against the decision of the Court below, refusing to dissolve a writ of ne exeat which had been issued against him. The following are the facts of the case: Jefferson J. Lamar died in the county of Stewart, Georgia, in December, 1840, having, by his will, made shortly before his death, appointed Abner McGehee and Thomas Lamar, both of the said county of Stewart, his executors, and on the 6th of January, 1841, the said will was admitted to probate in…
1Opinion of the CourtLumpkin, J.
By the Court. delivering the opinion.
A bill having been filed against the plaintiff in error in this case, as Executor of Jefferson Lamar, deceased, by the complainants, as the only legatees under the will of the testator, a writ of ne exeat was prayed for and granted. A motion was made to discharge the ne exeat, upon two grounds: 1st* Because the allegations in the bill were insufficient to authorize a ne exeat: and 2d. Because the bill was not properly verified.
*410[1.] The affidavit is in the usual form to bills in equity; namely, that “ the facts stated in the bill .as of the complainants’…
2Cases cited2 opinions
- McGee v. McGeeSupreme Court of Georgia · 1850
- Stackhouse v. HalseyNew York Court of Chancery · 1817
3Cited by3 opinions
- Lamar v. LamarSupreme Court of Georgia · 1905
- Lomax v. LomaxSupreme Court of Georgia · 1933
- William Hone & Co. v. MoodySupreme Court of Georgia · 1877