Shoup v. Elliott

Court of Appeals of Georgia

Shoup v. Elliott

17 S.E.2d 839, 65 Ga. App. 111, 1941 Ga. App. LEXIS 269

CourtCourt of Appeals of Georgia

DecidedJune 11, 1941

Docket28544, 28562.

StatusPublished

This text of 17 S.E.2d 839 (Shoup v. Elliott) 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

Shoup v. Elliott, 17 S.E.2d 839, 65 Ga. App. 111, 1941 Ga. App. LEXIS 269 (Ga. Ct. App. 1941).

Pincite

Opinion

Stephens, P. J.

Mrs. Mary C. Elliott brought suit against Kiehard C. Shoup and Mrs. Pearl Peck Shoup on a note, and in the petition sought an injunction against the husband to prevent him from disposing of his property in fraud of his creditors, and appointment of a receiver therefor. Shoup died, and a year’s support was awarded to Mrs. Shoup out of his estate. The plaintiff offered an amendment in which she sought cancellation and invalidation of such year’s support, and to have it set aside on the ground of fraud, etc. To this amendment Mrs. Shoup demurred. The court sustained the demurrer to so much of the amendment as sought cancellation and invalidation of the year’s support, and the plaintiff excepted pendente lite. The trial resulted in a verdict and judgment for the plaintiff on the note, and no equitable relief was granted. Mrs. Shoup moved for a new trial, assigning error on the verdict and judgment. This motion was overruled, and Mrs. Shoup excepted. The plaintiff presented and had certified a cross-bill of exceptions, in which she assigned error on the sustaining of the demurrer of Mrs. Shoup to the amendment in which she sought to set aside the year’s support granted to Mrs. Shoup. This *112 court certified to the Supreme Court the question whether the case-presented on the main bill of exceptions and on the so-called cross-bill of exceptions is a case in equity in which that court, and not the Court of Appeals, has jurisdiction under the constitution of this State. The Supreme Court answered the question in the affirmative, holding that the case was one in equity, of which the-Supreme Court and not this court had jurisdiction. Shoup v. Elliott, 192 Ga. 213 (14 S. E. 2d, 736). Accordingly the bills of exceptions are

Transferred to the Supreme Court.

Sutton and Felton, JJ.,. concur.

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

Stephens, P. J.

Mrs. Mary C. Elliott brought suit against Kiehard C. Shoup and Mrs. Pearl Peck Shoup on a note, and in the petition sought an injunction against the husband to prevent him from disposing of his property in fraud of his creditors, and appointment of a receiver therefor. Shoup died, and a year’s support was awarded to Mrs. Shoup out of his estate. The plaintiff offered an amendment in which she sought cancellation and invalidation of such year’s support, and to have it set aside on the ground of fraud, etc. To this amendment Mrs. Shoup demurred. The court sustained the demurrer to so much of the amendment as sought cancellation and invalidation of the year’s support, and the plaintiff excepted pendente lite. The trial resulted in a verdict and judgment for the plaintiff on the note, and no equitable relief was granted. Mrs. Shoup moved for a new trial, assigning error on the verdict and judgment. This motion was overruled, and Mrs. Shoup excepted. The plaintiff presented and had certified a cross-bill of exceptions, in which she assigned error on the sustaining of the demurrer of Mrs. Shoup to the amendment in which she sought to set aside the year’s support granted to Mrs. Shoup. This *112 court certified to the Supreme Court the question whether the case-presented on the main bill of exceptions and on the so-called cross-bill of exceptions is a case in equity in which that court, and not the Court of Appeals, has jurisdiction under the constitution of this State. The Supreme Court answered the question in the affirmative, holding that the case was one in equity, of which the-Supreme Court and not this court had jurisdiction. Shoup v. Elliott, 192 Ga. 213 (14 S. E. 2d, 736). Accordingly the bills of exceptions are

Transferred to the Supreme Court.

Sutton and Felton, JJ.,. concur.

Cite This Page — Counsel Stack

Bluebook (online)

17 S.E.2d 839, 65 Ga. App. 111, 1941 Ga. App. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoup-v-elliott-gactapp-1941.

Opinion

Related

Cite This Page — Counsel Stack