Walker v. Maddox-Rucker Banking Co.
Supreme Court of Georgia
Injunction. Before Judge Clark. Fulton county. September 17, 1895. Tbe Maddox-Rucker Banking Company and Mrs. Kolbeim, as creditors of J. G. Reynolds deceased, brought a. petition to tbe court of ordinary, for tbe removal of J. G.. Walker as executor of tbe estate of Reynolds, on tbe alleged grounds, among others, of lack of business judgment,, an unbalanced mind on all subjects pertaining to tbe estate,, and mismanagement of tbe same in many particulars.
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Injunction. Before Judge Clark. Fulton county. September 17, 1895. Tbe Maddox-Rucker Banking Company and Mrs. Kolbeim, as creditors of J. G. Reynolds deceased, brought a. petition to tbe court of ordinary, for tbe removal of J. G.. Walker as executor of tbe estate of Reynolds, on tbe alleged grounds, among others, of lack of business judgment,, an unbalanced mind on all subjects pertaining to tbe estate,, and mismanagement of tbe same in many particulars. While this petition was pending, petitioners brought to the-judge of tbe superior court their petition for injunction against Walker,…
1Opinion of the CourtGober, J.
1. It appearing from the record that upon a proceeding instituted in the court of ordinary by certain creditors of an estate, a judgment was rendered removing the plaintiff in error from his office as executor of that estate, from which, judgment he entered an appeal to the superior court, which was still pending at the time of the hearing of a petition for an injunction to restrain the executor from selling valuable lands, belonging to the estate; and it also appearing that various and important questions, both of law and fact, are involved in the. appeal case, there was no abuse of…
2Cited by1 opinion
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