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Hill v. Van Duzer

Hill v. Van Duzer, 36 S.E. 966 (Ga. 1900)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
August 8, 1900
Judges
Lumpkin
Citations
36 S.E. 966111 Ga. 8671900 Ga. LEXIS 855
Summary
Certiorari. Before Judge Reese. . Elbert superior court. September term, 1899.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lumpkin

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Lumpkin, P. J.

1. The points soughtto be made as to alleged error in admitting testimony were not properly presented.

2. Mere agency to collect a particular claim does not authorize the agent to agree that the proceeds thereof shall be applied to a debt due by his principal.

3. Neither a widow nor her agent, whatever his authority, can lawfully apply the proceeds of a year’s support set apart for the benefit of herself and minor children to the payment of a pre-existing debt due by her individually, in the consideration of which the minors had no interest.

4. Applying the principles laid down in the two preceding notes to the facts of the present case, the verdict complained of was without evidence to support it and ought to have been set aside.

Judgment reversed.

All the Justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1911: 11917: 11924: 21928: 11930: 11934: 11935: 11940: 11941: 119112026peak 1924 · 2

Relies on it most ⓘ

  1. Anders v. First National Bank142 S.E. 98 (Ga. 1928)
  2. Simpson v. Kelley156 S.E. 198 (Ga. 1930)
  3. Gibbs v. Land71 S.E. 136 (Ga. 1911)
  4. Lunsford v. Kersey13 S.E.2d 803 (Ga. 1941)
  5. Phillips v. Cook123 S.E. 108 (Ga. 1924)
  6. Bank of Cuthbert v. Taylor123 S.E. 262 (Ga. 1924)

Most recent

  1. Lunsford v. Kersey13 S.E.2d 803 (Ga. 1941)
  2. Whitfield v. Maddox8 S.E.2d 54 (Ga. 1940)
  3. American Insurance v. Seminole County Board of Education181 S.E. 783 (Ga. Ct. App. 1935)
  4. Norwood-Hyde Park Bank & Trust Co. v. Howard32 Ohio N.P. (n.s.) 191 (Oh. Ct. Com. Pl., Hamilton 1934)
  5. Simpson v. Kelley156 S.E. 198 (Ga. 1930)
  6. Anders v. First National Bank142 S.E. 98 (Ga. 1928)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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