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191 Ga. 262

11 S.E.2d 887

Thomasson v. Barber

Supreme Court of Georgia

Decided November 29, 1940

Supreme Court of Georgia · decided 1940-11-29

Good law ✅— No negative treatment on recordhow we know

Decided 1940-11-29

How this case has been cited

Cited by 14 later decisions — most recently February 1974

14 state decisions

801940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Atkinson, Presiding Justice.

¶1 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.

¶2 Transferred io the Court of Appeals.

All the Justices concur.
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