Carter v. Anderson
Supreme Court of Georgia
In Equity, in Tatnall Superior Court; Demurrer. Decided by Judge Holt, April Term, 1S4S. The plaintiff in error, as the next friend of his four minor children, filed this hill against the defendant in error, as the administrator of their deceased grandmother; praying an account for their distributivo portion of tlie estate.
Read the full summary
In Equity, in Tatnall Superior Court; Demurrer. Decided by Judge Holt, April Term, 1S4S. The plaintiff in error, as the next friend of his four minor children, filed this hill against the defendant in error, as the administrator of their deceased grandmother; praying an account for their distributivo portion of tlie estate. The bill alleged that the administrator hadbeen dismissed by the Court of Ordinary of Tatnall county, but charged that the dismission was obtained fraudulently. “ In proof of which, the bill alleges, that the defendant obtained letters of administration on 5th May, 1845,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The question for review, here, is whether the dismission of an executor or administrator, by judgment of the Court of Ordinary, .under the Act of 1810, is a bar to a suit by distributers or legatees. The bill in this case states the dismission, and the question is made by demurrer. In our judgment the discharge is a bar, both at Law and in Equity, unless fraudulently obtained: There *518are several grounds of mal-administration alleged in the bill. These are not, nor would any such grounds be sufficient to open the judgment. The Court of Ordinary…
2Cited by22 opinions
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- Burgamy v. HoltonSupreme Court of Georgia · 1927
- Anderson v. GoodwinSupreme Court of Georgia · 1906
- Robson v. HarwellSupreme Court of Georgia · 1849
- City of Atlanta v. WilsonSupreme Court of Georgia · 1877
17 more not listed; retrieve them via the Exa API.