Hyatt v. Council

Court of Appeals of Georgia

Hyatt v. Council

137 S.E. 799, 36 Ga. App. 612, 1927 Ga. App. LEXIS 186

CourtCourt of Appeals of Georgia

DecidedApril 12, 1927

Docket17211, 17239

StatusPublished

This text of 137 S.E. 799 (Hyatt v. Council) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hyatt v. Council, 137 S.E. 799, 36 Ga. App. 612, 1927 Ga. App. LEXIS 186 (Ga. Ct. App. 1927).

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Opinion

Broyles, C. J.

1. A petition was filed by a creditor of the estate of a decedent to set aside a judgment of the court of ordinary approving the return of commissioners awarding a year’s support to the widow and four minor children of the deceased. Under the facts and circumstances set forth in the petition, the judgment of the court of ordinary was not conclusive upon the petitioning creditor, and the court properly overruled the general demurrer to the petition. This is true although it appeared from the petition that the ordinary had duly complied with the statutory requirements as to issuing citation and publishing notice in regard to the application for the year’s support, that the petitioning creditor failed to file a caveat to the award of the commissioners, that nothing was done by anybody to prevent him from doing so, and that by the exercise of the slightest diligence he could have filed a caveat, setting up all the objections urged in his petition, at or before the term of the court of ordinary to which the award of the commissioners was made returnable. Hyatt v. Council, 163 Ga. 870 (137 S. E. 16), decided by the Supreme Court in answer to a question certified by this court.

2. It does not appear from the record that the court erred in any of its rulings upon the special demurrer interposed to the petition.

[614]*614 Judgment affirmed on both the main bill and the cross-bill of exceptions.

Lulce and Bloodworth, JJ., concur.

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Broyles, C. J.

1. A petition was filed by a creditor of the estate of a decedent to set aside a judgment of the court of ordinary approving the return of commissioners awarding a year’s support to the widow and four minor children of the deceased. Under the facts and circumstances set forth in the petition, the judgment of the court of ordinary was not conclusive upon the petitioning creditor, and the court properly overruled the general demurrer to the petition. This is true although it appeared from the petition that the ordinary had duly complied with the statutory requirements as to issuing citation and publishing notice in regard to the application for the year’s support, that the petitioning creditor failed to file a caveat to the award of the commissioners, that nothing was done by anybody to prevent him from doing so, and that by the exercise of the slightest diligence he could have filed a caveat, setting up all the objections urged in his petition, at or before the term of the court of ordinary to which the award of the commissioners was made returnable. Hyatt v. Council, 163 Ga. 870 (137 S. E. 16), decided by the Supreme Court in answer to a question certified by this court.

2. It does not appear from the record that the court erred in any of its rulings upon the special demurrer interposed to the petition.

[614]*614 Judgment affirmed on both the main bill and the cross-bill of exceptions.

Lulce and Bloodworth, JJ., concur.

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Bluebook (online)

137 S.E. 799, 36 Ga. App. 612, 1927 Ga. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyatt-v-council-gactapp-1927.

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