Irving v. Melton
Supreme Court of Georgia
In Equity, from Randolph county. Decision by Judge Kiddoo, November Term, 1858. This was a bill in equity, by John P. Irving, guardian of the infant children and distributees of McKinny Melton, dedeased, against Elbert Meltqn, administrator of the estate of said deceased, for an account and settlement.
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In Equity, from Randolph county. Decision by Judge Kiddoo, November Term, 1858. This was a bill in equity, by John P. Irving, guardian of the infant children and distributees of McKinny Melton, dedeased, against Elbert Meltqn, administrator of the estate of said deceased, for an account and settlement. The prayer of the bill was, “that the Court order and decree, that an account may be taken by, and under the direction of the Court, and what is due and coming to the wards of your orator from him, the said Elbert Melton, as administrator of said McKinny Melton, so deceased as aforesaid, that…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Did Elbert Melton have the right to appeal without giving security ? The Court below held that hepiad.
And, it is clear, he had, if the suit against him, was against him as administrator. The Judiciary Act, of 1799, says so.
The question, then, is, was the suit against him as administrator ?
It may be assumed, that a suit against a person who is an, administrator, is against him as administrator, if the suit is one to which, he may plead as administrator; and the decree in which, may be against him as administrator; one the title set up in which, is…
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