Williams v. Price
Supreme Court of Georgia
Assumpsit, in Muscogee Superior Court Decision by Judge Worrill, at November Term, 1856. This was an action of assumpsit, brought by John V. Price, against Wiley Williams, administrator of Joseph Sturgis, deceased, on a due bill or promissory note made by the deceased, in his lifetime.
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Assumpsit, in Muscogee Superior Court Decision by Judge Worrill, at November Term, 1856. This was an action of assumpsit, brought by John V. Price, against Wiley Williams, administrator of Joseph Sturgis, deceased, on a due bill or promissory note made by the deceased, in his lifetime. The defendant pleaded plane administravit prseter, and annexed to said plea a large number of judgments, with their dates and amounts, constituting an amount much larger than the assets in hand. To this plea, plaintiff demurred, on the ground that said judgments against defendant’s intestate, as appeared by his…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
What status, if any, has a dormant judgment in the payment of the debts of the decedent by the executor or administrator ?
The Act of 1792 declares that “The debts due by any testator or intestate, shall be paid in the order following, viz: Funeral and other expenses of last sickness, charges of probate and will, or of letters of administration ; next, debts due to the public; next, judgments, mortgages, and executions, the eldest first; next, rent; then bonds or other obligations'; and lastly, debts due on open accounts,” (Cobb 287.)
It is…
2Cited by4 opinions
- Heakes v. HeakesSupreme Court of Georgia · 1924
- Johnson v. HugginsCourt of Appeals of Georgia · 1910
- Colson v. KennedySupreme Court of Georgia · 1891
- James v. RobertsCourt of Appeals of Georgia · 1937