Fall v. Simmons
Supreme Court of Georgia
In Equity, in DeKalb Superior Court. Tried before Judge Hill, September Term, 1848. Adam Q,. Simmons and others, as the distributees and heirs at law of 'William Trimble, deceased, filed their bill against John S. Fall, the administrator of said Trimble, returnable to the Superior Court of DeKalb County. Attached to their hill was an exemplification of the returns of said Fall, as administrator, showing his actings since 1826, as far as he had made returns.
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In Equity, in DeKalb Superior Court. Tried before Judge Hill, September Term, 1848. Adam Q,. Simmons and others, as the distributees and heirs at law of 'William Trimble, deceased, filed their bill against John S. Fall, the administrator of said Trimble, returnable to the Superior Court of DeKalb County. Attached to their hill was an exemplification of the returns of said Fall, as administrator, showing his actings since 1826, as far as he had made returns. To the answer of Fall there was also attached an exemplification of the same and an additional return. On the trial, the complainants…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] We think that the Court below erred in deciding, in this case, that the complainants were entitled to conclude the argument before the Jury. It seems that there was a general replication filed to the answer, and the complainants opened the cause by reading their bill, and the record from the Court of Ordinary, appended thereto as an exhibit, and the answer of the defendant, stating that they would use also before the Jury, the record from *268the Court of Ordinary, attached to the answer as an exhibit. The defendant making no objection, the…
2Cited by8 opinions
- Grant v. HartSupreme Court of Georgia · 1944
- Moore v. CareySupreme Court of Georgia · 1902
- Milligan v. MilliganSupreme Court of Georgia · 1952
- Reed v. TaliaferroWyoming Supreme Court · 1927
- Hargrove v. StateSupreme Court of Georgia · 1903
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