Scott v. Turpin & Volker
Supreme Court of Georgia
Motion to dismiss appeal, in Dougherty Superior Court. Decided by Judge Allen, at June Term, 1860. Turpin & Volker brought an action against Henry A. Scott, as the trustee of his wife, Virginia A. Scott, to recover $121,99 alleged to be due them by account.
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Motion to dismiss appeal, in Dougherty Superior Court. Decided by Judge Allen, at June Term, 1860. Turpin & Volker brought an action against Henry A. Scott, as the trustee of his wife, Virginia A. Scott, to recover $121,99 alleged to be due them by account. At the December Term, 1859, a verdict was rendered in favor of the plaintiffs for the amount sued for, from which judgment Henry A. Scott entered an appeal, by affidavit, in which he states: “ That he is unable to pay costs and give security as now required by law, in cases of appeal; that he is advised, and believes, that he has good…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
This was an appeal under the Pauper Law by a trustee. We think that the appeal was properly dismissed upon the ground, that the affidavit did not state that his inability to give security arose from the poverty of the trust estate. It *965stated that he was unable from his own poverty. If he had given security, it would have been as trustee, the security undertaking, not for him, but for the estate; and we don’t see what his individual poverty had to do with the matter.The security would have become responsible for nothing but the eventual solvency…
2Cited by4 opinions
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- Barfield v. HartleySupreme Court of Georgia · 1899
- Metzger v. SteedSupreme Court of Georgia · 1909
- Sawyer v. CheneySupreme Court of Georgia · 1877