King v. King
Supreme Court of Georgia
Res adjudicata. Equity practice. Amendments. Before Judge Parrott. Gordon Superior Court. April Term, 1871. The children of Jonas King, deceased, filed a bill against Caleb King, as executor of their grand-father, Jonathan King, to recover from him their father’s share in said Jonathan’s estate, without averring when their father died. The bill was demurred to for want of equity, and the demurrer was sustained and the bill was dismissed.
Read the full summary
Res adjudicata. Equity practice. Amendments. Before Judge Parrott. Gordon Superior Court. April Term, 1871. The children of Jonas King, deceased, filed a bill against Caleb King, as executor of their grand-father, Jonathan King, to recover from him their father’s share in said Jonathan’s estate, without averring when their father died. The bill was demurred to for want of equity, and the demurrer was sustained and the bill was dismissed. At January Term, 1871, this Court affirmed the judgment upon the ground that complainants had no right to the relief prayed for, unless their father died…
1Opinion of the Court
Warner, Chief Justice.
In this case, there was a general demurrer to the complainants’ bill for want of equity, which demurrer was sustained by the Court. The case was brought up to this Court and the judgment of the Court below was affirmed: See King vs. King, 42 Georgia Reports, 512. When the remittitur from this Court was about to be made the judgment of the Court below, and before it was made, the counsel for the complainants made a motion to amend their original bill, and to make such a case as would give to the Court jurisdiction. The amendment was allowed by the Court, and the defendant…
2Cited by3 opinions
- Central Railroad & Banking Co. v. PatersonSupreme Court of Georgia · 1891
- Pritchett v. Commissioners of Bartow CountySupreme Court of Georgia · 1894
- Staton v. Exchange BankCourt of Appeals of Georgia · 1914