Legal Opinion

Conkle v. Babb

Court of Appeals of Georgia

Decided February 17, 1956No. 36007PublishedCited by 2 opinions

1Opinion of the CourtFelton, C. J.

1. The plaintiff in error contends that the cause for removal for failure to make annual returns arose when he failed to make his first return which was over 24 years ago and that the action is barred by’ the statute of limitations and by laches. This contention is without merit. An administrator is required to make a return on or before the regular term of court in January in each year. Code § 113-1409. The failure to make such returns is ground for removal. Code § 113-1229. The law contemplates that each failure to so make a return is an independent and separate cause for removal. Assuming…

2Cases cited2 opinions

  1. Guarantee Trust Life Insurance v. HillCourt of Appeals of Georgia · 1954
  2. Port Wentworth Terminal Corp. v. LeavittCourt of Appeals of Georgia · 1920

3Cited by2 opinions

  1. Shippen v. CloerSupreme Court of Georgia · 1957
  2. Rutledge v. GlassCourt of Appeals of Georgia · 1972

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