Reports of Decisions Made by the Judges of the Superior Courts of Law and Chancery of the State of Georgia

Reports of Decisions Made by the Judges of the Superior Courts of Law and Chancery of the State of Georgia

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1837 edition. Excerpt: ...he stood on the same footing with the other creditors at the death of the intestate. They were by law to be paid off in equal proportions, and the plaintiff cannot by obtaining a decree, and thereby subjecting the estate to unnecessary costs entitle himself toa preference over the rest of the creditors. The 'defendant is at perfect liberty to make an honest and fair distribution of the amount in hand among all the creditors of the deceased. I M'Cord's Rep. 270. In conclusion, the court is of opinion, that the plaintiff Bomgaux is entitled to his proportion of the assets admitted to have been in the hands of the defendant, that the administrator by paying the other creditors to his exclusion has been guilty of a misapplication of the fund, and rendered him"self liable in the present action.-IN RICHMOND SUPERIOR couivr, JULY, I832. A. SLAUGHTER and C. LABUZAN vs. CABEL Tl0MPKNS. Motion in Arrest of Judgment. I Tiii: alleged error, made the ground of this motion, is, "That the plaintiffs have failed to give jurisdiction to the court in the pleadings, by averring that the defendant was at the time of action commenced, a citizen, and resident of the county of Richmond." V _ If this were a court of limited jurisdiction, and that jurisdiction were dependent upon the residence of the defendant, there could be no question about sustaining the motion. But theregcan be little difficulty or hesitation in determining, that our Superior Courts are of general jurisdiction. They have exclusive and final jurisdiction in criminal matters, and general jurisdiction over all civil cases; (exclusive in such as respect titles to land, and concurrent with other courts in all other cases;) they have the general superintendency...
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Product details

  • Paperback | 120 pages
  • 189 x 246 x 6mm | 227g
  • United States
  • English
  • black & white illustrations
  • 123674277X
  • 9781236742773