Andrews v. Halliday
Supreme Court of Georgia
Equity. Interpleader. Verdict. Advancements, Contracts. Amendment. Practice in the Superior Court. Argument of counsel. Before Judge Pottle. Wilkes Superior Court. May Term, 1879. Wingfield, administrator of Nicholas Wylie, on the 2d October, 1874:, filed his bill in Wilkes superior court against the heirs at law, to-wit: Susan E. Halliday, Martha Andrews, and the children of H. L. Wylie, praying for direction, relief, etc.
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Equity. Interpleader. Verdict. Advancements, Contracts. Amendment. Practice in the Superior Court. Argument of counsel. Before Judge Pottle. Wilkes Superior Court. May Term, 1879. Wingfield, administrator of Nicholas Wylie, on the 2d October, 1874:, filed his bill in Wilkes superior court against the heirs at law, to-wit: Susan E. Halliday, Martha Andrews, and the children of H. L. Wylie, praying for direction, relief, etc. The bill states that at that time he had distributed among the heirs at law a large amount, and was then ready to make another distribution, but was prevented by…
1Opinion of the Court
Bleckley, Justice.
1. In an equity cause, a motion in arrest of judgment is not, in name at least, precisely appropriate. Nevertheless, where there is a verdict, and its terms are such that no decree can properly be rendered upon it, something analagous to a motion in arrest ma3r be used to set aside the verdict and clear it out of the way. It is of little or no consequence by what name the motion may be called. We think the finding of the jury in the present case was not such as the exigencies of the controversy required, and *269•that no legal decree whatever can be based upon it. The verdict…
2Cited by3 opinions
- Smith v. FolsomSupreme Court of Georgia · 1940
- Whatley v. THE ALTO CORPORATIONSupreme Court of Georgia · 1955
- Cassedy v. BlandCourt of Appeals of Georgia · 1959