Sawyer v. Cheney
Supreme Court of Georgia
Appeals. Trusts. Before Judge Hall. Upson Superior Court. May Term, 1877. After the argument in this case had been concluded, it was discovered that the bill of exceptions recited that the appeal had been dismissed, but that no' such judgment appeared in the transcript of the record, whereupon the court ordered that the further consideration be postponed until a certain day in the future, and that a copy of the order be transmitted to the clerk of Upson superior court, to…
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Appeals. Trusts. Before Judge Hall. Upson Superior Court. May Term, 1877. After the argument in this case had been concluded, it was discovered that the bill of exceptions recited that the appeal had been dismissed, but that no' such judgment appeared in the transcript of the record, whereupon the court ordered that the further consideration be postponed until a certain day in the future, and that a copy of the order be transmitted to the clerk of Upson superior court, to the end that if there be such a judgment of record in that court, a duly authenticated copy of the same may be filed in…
1Opinion of the Court
Bleckley, Judge.
A trustee was sued, as such, in a justice’s court. Judgment went against him for over fifty dollars, to be levied of the trust estate. He entered an appeal to the superior court by filing a pauper affidavit, and without paying cost or giving bond and security. A motion was made in the superior court to dismiss the appeal, because in the affidavit the trustee had sworn to his own poverty, and not to the poverty of the trust estate. (30 Ga., 964; 3 Kelly, 254-5.) The trustee proposed to amend the affidavit, (19 Ga., 33,) and the *370court heard evidence as to whether the affidavit…
2Cases cited2 opinions
- Scott v. Turpin & VolkerSupreme Court of Georgia · 1860
- Tompkins v. VenableSupreme Court of Georgia · 1855