Rutherford v. Jones

Supreme Court of Georgia

Rutherford v. Jones

26 Ga. 150

DecidedJune 15, 1858

StatusPublished

This text of 26 Ga. 150 (Rutherford v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rutherford v. Jones, 26 Ga. 150 (Ga. 1858).

Pincite

Opinion

By the Court.

Lumpkin J.

delivering the opinion.

We are clear, that so far as the defendant Cleghorn admitted by his answer, a balance of money in his hands belonging to the estate of McDougald, that the Court should have ordered the same to be paid into Court without waiting for a final decree, 1 Smith’s Chancery Prac. 2d American, from 2d London Edition, p. 667 , 6 Ves, 738; 8 Ves. 68, 3 Bro, C. C., 365; 4 Nyl. & Craig, 165; S. C. 2 London Jurist, 911; 1 Hopkins, 274. And the fund will either be kept in the custody of the Court; or vested under the special order or discretion of the Court, as it may judge best.

Judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court.

Lumpkin J.

delivering the opinion.

We are clear, that so far as the defendant Cleghorn admitted by his answer, a balance of money in his hands belonging to the estate of McDougald, that the Court should have ordered the same to be paid into Court without waiting for a final decree, 1 Smith’s Chancery Prac. 2d American, from 2d London Edition, p. 667 , 6 Ves, 738; 8 Ves. 68, 3 Bro, C. C., 365; 4 Nyl. & Craig, 165; S. C. 2 London Jurist, 911; 1 Hopkins, 274. And the fund will either be kept in the custody of the Court; or vested under the special order or discretion of the Court, as it may judge best.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

26 Ga. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutherford-v-jones-ga-1858.