Legal Opinion

Dougherty v. McDougald

Supreme Court of Georgia

Decided July 15, 1851No. 16PublishedCited by 7 opinions

In Equity, in Muscogee Superior Court. Application for a receiver. Decision by Judge Iverson, at Chambers, May 22d, 1851. William Dougherty, the complainant, in his bill, which he exhibited in his own behalf, and in behalf of all other creditors of Daniel McDougald, deceased, who chose to come in and be made parties, alleged, that he was a creditor by judgment, of Daniel McDougald, deceased, to the amount of $1,200 ; that in 1849, McDougald died, leaving a large estate, of…

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In Equity, in Muscogee Superior Court. Application for a receiver. Decision by Judge Iverson, at Chambers, May 22d, 1851. William Dougherty, the complainant, in his bill, which he exhibited in his own behalf, and in behalf of all other creditors of Daniel McDougald, deceased, who chose to come in and be made parties, alleged, that he was a creditor by judgment, of Daniel McDougald, deceased, to the amount of $1,200 ; that in 1849, McDougald died, leaving a large estate, of the value of $60,000, in the State of Georgia; that he died insolvent, and without a faithful administration of his…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] This -was an application to the Chancellor, on'abill filed by the complainant, as a judgment creditor of the late Daniel McDougald, against his administratrix, for the appointment of a receiver, to take charge of the assets belonging to the decedent’s estate, on the ground of alleged fraud and mismanagement by the administratrix. This bill, although filed by the complainant in his own name, and in behalf of such other creditors as may hereafter choose to come in and be made parties thereto, must be considered as the bill of the complainant…

2Cases cited1 opinion

  1. Calhoun v. KingSupreme Court of Alabama · 1843

3Cited by7 opinions

  1. West v. MercerSupreme Court of Georgia · 1908
  2. Hamrick v. HamrickSupreme Court of Georgia · 1950
  3. Bryan v. WelchCourt of Appeals for the Tenth Circuit · 1935
  4. Fidelity and Deposit Company v. Edward E. Gillen CompanyCourt of Appeals for the Seventh Circuit · 2019
  5. Thompson v. ThompsonSupreme Court of Georgia · 1930

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