Hartley v. Marietta Nursery Co.
Supreme Court of Georgia
Action for money had and received. Before Judge Morris. Cobb superior court. Marcli 14, 1911. Mrs. Ida E. Hartley, as administratrix upon the estate of C. H. Hartley, deceased, brought an action against the Marietta Nursery Company for the recovery of $1,000. It was alleged that in the year 1902 the Massachusetts Mutual Life Insurance Company issued a policy of insurance on the life of plaintiff’s intestate, the policy being made payable “to his estate.”
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Action for money had and received. Before Judge Morris. Cobb superior court. Marcli 14, 1911. Mrs. Ida E. Hartley, as administratrix upon the estate of C. H. Hartley, deceased, brought an action against the Marietta Nursery Company for the recovery of $1,000. It was alleged that in the year 1902 the Massachusetts Mutual Life Insurance Company issued a policy of insurance on the life of plaintiff’s intestate, the policy being made payable “to his estate.” On February 19, 1907, the insured executed to the defendant a transfer of the policy, changing the nanie of the beneficiary to that of the…
1Opinion of the CourtAtkinson, J.
1. When in a bill of exceptions it is recited that the same was tendered “within thirty days from the date of the decisions and judgments complained of,” the writ of error will not be dismissed because of the failure of the presiding judge to certify the same within the statutory period, unless it be made to appear that his failure to do so was caused by some act of the plaintiff in error or his counsel. Civil Code, § 6187; Proctor v. Piedmont Cement Co., 134 Ga. 391 (67 S. E. 942).
2. Proof of weakness of mind, not amounting to imbecility, is not sufficient to warrant a jury in setting aside…
2Cases cited4 opinions
- Proctor v. Piedmont Portland Cement & Lime Co.Supreme Court of Georgia · 1910
- Gable v. GableSupreme Court of Georgia · 1908
- Johnson v. ColemanSupreme Court of Georgia · 1910
- Lunday v. ForemanSupreme Court of Georgia · 1907
3Cited by11 opinions
- Jones v. HogansSupreme Court of Georgia · 1944
- Sweat v. BarnhillSupreme Court of Georgia · 1930
- Capers v. BallSupreme Court of Georgia · 1955
- Taylor v. WarrenSupreme Court of Georgia · 1932
- Clay v. FloydSupreme Court of Georgia · 1951
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