Brown v. Wright
Supreme Court of Georgia
Assumpsit, &c. tried before Judge Alexander, in Talbot Superior Court, March Term, 1848. This action was brought by Matthew Wright, the defendant in error, against Henry H. Brown, as principal, and Charlton Y. Perry as his security, upon a promisory note, of which, the following is a copy: “ $S67.~~By the twenty-fifth day of December next, I promise to pay Matthew Wright, administrator of Emelia E. Perry, dec’d, or bearer, eight hundred and sixty-seven dollars, for value…
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Assumpsit, &c. tried before Judge Alexander, in Talbot Superior Court, March Term, 1848. This action was brought by Matthew Wright, the defendant in error, against Henry H. Brown, as principal, and Charlton Y. Perry as his security, upon a promisory note, of which, the following is a copy: “ $S67.~~By the twenty-fifth day of December next, I promise to pay Matthew Wright, administrator of Emelia E. Perry, dec’d, or bearer, eight hundred and sixty-seven dollars, for value received, with the right of receiving the proportion of my part of said estate out of this note. 8th March, 1843. [Signed]…
1Opinion of the Court
By t7ie Court.
Warner, J.
delivering the opinion.
[1.] The only question made by the record here, is, whethei' the returns of an administrator, to the Court of Ordinary, of his accounts with the estate, and which have been allowed, by the Court, are only prima facie evidence for him, or conclusive evidence in his favor.
This question appears to have been viewed differently, in the different States of the Union. In Maryland, where the question appears to have been well considered, a decree, in the Orphan’s Court, settling an account, washeld to b oprima facie only. Hackett, adm’r vs. Glenn. 7 Har.…
2Cases cited1 opinion
- Borden v. FitchNew York Supreme Court · 1818
3Cited by5 opinions
- Crawford v. ClarkSupreme Court of Georgia · 1900
- Peavy v. ClemonsCourt of Appeals of Georgia · 1912
- Wofford v. WylySupreme Court of Georgia · 1884
- Dillon v. SillsCourt of Appeals of Georgia · 1936
- Pettigrew v. WilliamsCourt of Appeals of Georgia · 1941