Legal Opinion

Thrasher v. Anderson

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 16 opinions

Equity. Continuance. Alteration. New Trial. Before Judge Robinson. Morgan Superior Court. September Adjourned Term, 1871. James C. Anderson and others filed their bill against Early ~W. Thrasher, as executor upon the estate of Barton Thrasher, deceased.

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Equity. Continuance. Alteration. New Trial. Before Judge Robinson. Morgan Superior Court. September Adjourned Term, 1871. James C. Anderson and others filed their bill against Early ~W. Thrasher, as executor upon the estate of Barton Thrasher, deceased. The complainants charged that they were legatees under the will of said Barton Thrasher, executed on the 14th day of October, 1865; that in the second item of said will is found the following language in reference to said executor: “ I also hold against him (meaning Early W. Thrasher,) a promissory note for $25,300, dated September 15th, 1864,…

1Opinion of the Court

McCay, Judge.

We think, after a careful examination of the record in this case, that the principles of justice require another trial. The verdict cannot, in our judgment, be legally sustained, except on the evidence of imposition by the defendant in procuring the receipt from the testator, when he was incompetent to contract. We do not say this is the truth, but that it must have been only on that point that the jury acted. There is some evidence to sustain the verdict on that issue, and we should hesitate to disturb it, under the rule we have so often announced, had that-branch of the ease…

2Cases cited2 opinions

  1. Printup v. MitchellSupreme Court of Georgia · 1855
  2. Planters' & Mechanics' Bank v. ErwinSupreme Court of Georgia · 1860

3Cited by16 opinions

  1. Kingston v. StateCourt of Appeals of Georgia · 1972
  2. Thompson v. KelseyCourt of Appeals of Georgia · 1910
  3. Massey v. National Homeowners Sales Service Corp.Supreme Court of Georgia · 1969
  4. Smith v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1889
  5. International Harvester Co. v. DavisCourt of Appeals of Georgia · 1913

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