Peavy v. Clemons
Court of Appeals of Georgia
Complaint; from city court of Vienna — Judge Strozier. This was a suit by the administrators of the estate of D. C. Clemons, deceased, to recover from W. B. Peavy money and property which they allege he received from the estate of D. C. Clemons while acting as an executor under the will of the decedent, and failed to account for.
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Complaint; from city court of Vienna — Judge Strozier. This was a suit by the administrators of the estate of D. C. Clemons, deceased, to recover from W. B. Peavy money and property which they allege he received from the estate of D. C. Clemons while acting as an executor under the will of the decedent, and failed to account for. A verdict was returned in favor of the plaintiffs, for a portion of the money sued for; the defendant’s motion for a new trial was overruled, and he excepted. It appears, from the evidence, that soon after the death of D. O. Clemons, the defendant produced an alleged…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1, 2. The verdict and decree relied upon as establishing the defense of res judicata is manifestly insufficient for that purpose. Their only effect, after the paper offered for probate had been declared not to be the will of the decedent, was a consent that W. B. Peavy, who had been acting as executor, should make his final returns to the ordinary of the county, showing the money and prop erty that had come into his possession- as such executor. Thh, probably would not only have been his right, but his duty, without the consent verdict. There is nothing in…
2Cases cited12 opinions
- Parker v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1889
- Golatt v. StateSupreme Court of Georgia · 1908
- Eggleston v. WagnerMichigan Supreme Court · 1881
- Dowling v. FeeleySupreme Court of Georgia · 1884
- White v. FultonSupreme Court of Georgia · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hyde v. StateSupreme Court of Georgia · 1943
- Willingham v. StateCourt of Appeals of Georgia · 1975
- Atlanta, Birmingham & Coast Railroad v. ThomasCourt of Appeals of Georgia · 1940
- North British & Mercantile Insurance v. ParnellCourt of Appeals of Georgia · 1936
- Campbell v. StateCourt of Appeals of Georgia · 1950
13 more not listed; retrieve them via the Exa API.