Allen v. Woodson
Supreme Court of Georgia
Equity. Discovery. Amendment. Charge of Court. Jury. Receipt. Before Robert P. Trippe, Esq., Judge pro hac vice. Upson Superior Court.
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Equity. Discovery. Amendment. Charge of Court. Jury. Receipt. Before Robert P. Trippe, Esq., Judge pro hac vice. Upson Superior Court. May Term, 1872. Joseph Allen, as administrator of Xenophon Bowdre, deceased, filed his bill against Martha F. Woodson, as executrix, and Benjamin Bethel, as executor, of William I). Woodson, deceased, and Emma R. Redding, as administratrix of Thomas J. Redding, deceased, making, substantially, the following-ease : On or about the 8th of August, 1859, William D. Wood-son and Xenophon Bowdre were partners doing a mercantile business in the town of Thomaston,…
1Opinion of the Court
McCay, Judge.
We think most of the argument of the plaintiff in error in this case turns upon their failure to recognize the true nature of their bill, and of what they seek to do. Essentially, the object of this proceeding is to seek an account from the estate of Woodson, of certain assets of Woodson & Bowdre, which, it is charged, came into the hands of Woodson, and remained unaccounted for by him to Bowdre at his, Woodson’s, death. The amendment to the bill disclaims all privity between Bowdre and Redding. Redding’s estate is only retained in the bill because it is charged that the firm of…
2Cited by15 opinions
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- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Armstrong v. James & Co.Supreme Court of Iowa · 1912
- Kean v. LathropSupreme Court of Georgia · 1877
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