Thomasson v. Barber

Supreme Court of Georgia

Thomasson v. Barber

11 S.E.2d 887, 191 Ga. 262, 1940 Ga. LEXIS 628

CourtSupreme Court of Georgia

DecidedNovember 29, 1940

Docket13286.

StatusPublished

Cited by3 cases

This text of 11 S.E.2d 887 (Thomasson v. Barber) 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

Thomasson v. Barber, 11 S.E.2d 887, 191 Ga. 262, 1940 Ga. LEXIS 628 (Ga. 1940).

Pincite

Opinion

Atkinson, Presiding Justice.

After a will had been probated in solemn form, objections were filed to the qualification of the nominated executors, on the grounds of alleged misconduct. The objections were overruled by the ordinary, and on appeal to the superior court his judgment was reversed. The executors made a motion for a new trial, which was overruled, and they excepted. Held, that the judgment refusing a new trial does not involve the validity or construction of a will. Neither does it involve any other question such as, under the constitution of this State, defining the jurisdiction of the Supreme Court and of the Court of Appeals, as embodied in the Code, § 2-3005, will authorize the Supreme Court to take jurisdiction. The Court of Appeals has jurisdiction of the writ of error.

Transferred io the Court of Appeals.

All the Justices concur.

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Atkinson, Presiding Justice.

After a will had been probated in solemn form, objections were filed to the qualification of the nominated executors, on the grounds of alleged misconduct. The objections were overruled by the ordinary, and on appeal to the superior court his judgment was reversed. The executors made a motion for a new trial, which was overruled, and they excepted. Held, that the judgment refusing a new trial does not involve the validity or construction of a will. Neither does it involve any other question such as, under the constitution of this State, defining the jurisdiction of the Supreme Court and of the Court of Appeals, as embodied in the Code, § 2-3005, will authorize the Supreme Court to take jurisdiction. The Court of Appeals has jurisdiction of the writ of error.

Transferred io the Court of Appeals.

All the Justices concur.

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Bluebook (online)

11 S.E.2d 887, 191 Ga. 262, 1940 Ga. LEXIS 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomasson-v-barber-ga-1940.

Opinion

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