Meyer v. John D. Butt & Brother
Supreme Court of Georgia
Conclusiveness of judgment. Trustees. Before Judge Gibson. Richmond county. Chambers. September, 1871. Meyer, as trustee of Mrs. Miller, complained against Baldwin B. Miller, Jr., and Butt & Brother, as follows : She and Baldwin B. married in 1,858, and lived together till the 1st of May, 1870, when, by his cruelty, she was forced to separate from him.
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Conclusiveness of judgment. Trustees. Before Judge Gibson. Richmond county. Chambers. September, 1871. Meyer, as trustee of Mrs. Miller, complained against Baldwin B. Miller, Jr., and Butt & Brother, as follows : She and Baldwin B. married in 1,858, and lived together till the 1st of May, 1870, when, by his cruelty, she was forced to separate from him. During said time, and while he had ample property, he bought from said Butt & Brother various goods, as she believed, upon his personal credit. He gave his individual notes therefor. They made an ante-nuptial contract, whereby all her property…
1Opinion of the Court
McCay, Judge.
Did this case turn solely on the evidence of complicity or positive fraud, with intent to take an unfair advantage of Mrs. Miller, we would not interfere with the discretion of the Court. But it is clear to us, from the reasons given by the Judge, that he placed his judgment largely upon the effect of the previous judgment obtained in the Superior Court. Evidently the Judge considered that an adjudication of the rights of the parties, unless it were shown there was fraud in its procurement, and by fraud he meant acts of duplicity and deception, and in this we think the Judge…
2Cited by5 opinions
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