Mobley v. Mobley
Supreme Court of Georgia
Appeal from Court of Ordinary. Tried before Judge Han-sell, June Term of Appling Superior Court, 1850. Jesse Mobley, the administrator of the estate of the father of plaintiffs m error, obtained from the Court of Ordinary of Appling County, the following order: “ March Tr. 1846. It is ordered by the Court, that Jesse Mobley have leave for letters of dismission from administration on the estate of Bird Mobley, late of said County, deceased.
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Appeal from Court of Ordinary. Tried before Judge Han-sell, June Term of Appling Superior Court, 1850. Jesse Mobley, the administrator of the estate of the father of plaintiffs m error, obtained from the Court of Ordinary of Appling County, the following order: “ March Tr. 1846. It is ordered by the Court, that Jesse Mobley have leave for letters of dismission from administration on the estate of Bird Mobley, late of said County, deceased. The Court now adjourned till Court in course. 2 March, 1846.” The plaintiffs in error moved, in the Court of Ordinary, to set aside this order and…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The decisions of the Court below, assigned for error, I suppose, may have grown out of a misapprehension of the judgment of this Court, in Carter vs. Anderson, 4 Geo. R. 516. That was a bill filed by distributees to recover their interest in an estate, the administrator upon which had been discharged by the Court of Ordinaiy. In that case, we held that the judgment of discharge was a complete bar both at Law and in Equity. We held the judgment conclusive upon parties and privies, ■but that a Court of Equity would set it aside for fraud; or if…
2Cited by32 opinions
- Ford v. ClarkSupreme Court of Georgia · 1907
- McArthur & Griffin v. Matthewson & ButlerSupreme Court of Georgia · 1881
- Young v. YoungSupreme Court of Georgia · 1939
- Lyons v. StateCourt of Appeals of Georgia · 1909
- Simpson v. BradleySupreme Court of Georgia · 1939
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