Pace v. Klink
Supreme Court of Georgia
Parent and child. Distribution. Representation. Before Judge James Johnson. Muscogee Superior Court. May Term, 1873. The charge of the court, taken into connection with the facts set forth in the above head-note, reports this case.
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Parent and child. Distribution. Representation. Before Judge James Johnson. Muscogee Superior Court. May Term, 1873. The charge of the court, taken into connection with the facts set forth in the above head-note, reports this case. The court charged the jury “that the act of 1850, to change the name of Mathew R. Brown to Mathew Downer, and to make him a legal heir, did not make the children of Mathew Downer the heirs of Joseph Downer, the said Mathew, their father, having died before the said Joseph.” To this charge the complainant excepted. A verdict was returned in accordance therewith for…
1Opinion of the Court
McCay, Judge.
The question in this case turns entirely upon the meaning of the act of 1850. The presumption is that it ivas passed at the request of Joseph Downer, and it is to be construed in that view, since it cannot for a moment be supposed that the legislature would pass such a law except at the request of the person whose estate and family it operated upon. The act gives to Mathew not only the name of Downer, but declares he shall have all the rights and privileges that he would have had had he been born the lawful son of the said Joseph. Was *222it one of these rights and privileges that…
2Cited by9 opinions
- Bedal v. JohnsonIdaho Supreme Court · 1923
- In re Walworth's EstateSupreme Court of Vermont · 1912
- Sayles v. ChristieIllinois Supreme Court · 1900
- Bernero v. GoodwinSupreme Court of Missouri · 1916
- Shaw v. ScottSupreme Court of Iowa · 1934
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