Moore v. McAfee
Supreme Court of Georgia
Ejectment. Before Judge Mathews. Crawford superior court. April 28, 1920. McAfee, executor of Colbert, brought ejectment to recover the south .half of lot 30 in the 6th district of Crawford county. The parties defendant were J. B. Spiller, Mrs. Nancy Newberry, executrix of M. J. Newberry, and L. D. Moore, administrator of the estate of Mrs. Emma M. Bay, deceased.
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Ejectment. Before Judge Mathews. Crawford superior court. April 28, 1920. McAfee, executor of Colbert, brought ejectment to recover the south .half of lot 30 in the 6th district of Crawford county. The parties defendant were J. B. Spiller, Mrs. Nancy Newberry, executrix of M. J. Newberry, and L. D. Moore, administrator of the estate of Mrs. Emma M. Bay, deceased. When the case was called for trial and both parties announced ready, counsel for the plaintiff offered an amendment reciting that B. H. Bay was sole heir at law of Emma M. Bay; that he was claiming the land in dispute as sole heir,…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. One ground of the motion for a new trial assigns error upon the granting by the court of an order making B. H. Bay a party defendant upon the trial of the ease, without his consent and over the objection of the administrator of Mrs. Bay, and without notice or rule nisi to B. H. Bay. Objection to such an order should have been made the subject of direct exception; error upon the same can not be properly assigned in a motion for new trial.
i. Error is assigned upon the ruling of the court in admitting in evidence an order appearing upon the minutes of…
2Cases cited1 opinion
- McAfee v. NewberrySupreme Court of Georgia · 1915
3Cited by59 opinions
- Palmer v. StevensCourt of Appeals of Georgia · 1967
- Adsitt v. StateSupreme Court of Georgia · 1981
- Pulliam v. StateSupreme Court of Georgia · 1943
- Flanigan v. RevilleCourt of Appeals of Georgia · 1963
- Deaton v. SwansonSupreme Court of Georgia · 1943
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