Jones v. Crawford
Supreme Court of Georgia
Writ of error from Muscogee. Motion to dismiss. It appeared that Polly W. Jcnkins died testate. Samuel Boykin and Joel Crawford qualified as her executors. John Jones and others filed a bill against the executors, claiming-a portion of the estate. The executors filed a bill enjoining the Jones bill, and making the other heirs, the Wrights, parties. Afterwards, the Wrights filed a bill against the executors and the Jones’, claiming the same property.
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Writ of error from Muscogee. Motion to dismiss. It appeared that Polly W. Jcnkins died testate. Samuel Boykin and Joel Crawford qualified as her executors. John Jones and others filed a bill against the executors, claiming-a portion of the estate. The executors filed a bill enjoining the Jones bill, and making the other heirs, the Wrights, parties. Afterwards, the Wrights filed a bill against the executors and the Jones’, claiming the same property. The executors afterwards (the Wrights’ and Jones’ bills being both on the appeal,) filed a supplemental bill, reviving the former, and enjoining…
1Opinion of the Court
*282 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] A motion is made to dismiss the writ of error in this case upon two grounds. 1st. Because all the parties to the proceeding in the Court below, are not made parties to the pleadings in this Court; and 2d. Because an appeal has been duly entered from 'the decree in the Circuit Court, wherein the errors complained of were committed, which appeal is still pending.
The defect, as to parties, might bo cured by amendment; the other exception is fatal.
It seems there were three suits pending on the equity side of the Court; two at-tlic instance of…
2Cited by1 opinion
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