79 Ga. 260 | Ga. | 1888
The complainants filed their bill in the court below,- alleging that they were the children of Bryant Adkins, who died in 1871, leaving an estate worth $4,000, and that W. M. Hutchings was appointed his administrator in November, 1871, and took possession of all of said estate and made an inventory and appraisement thereof and a return of a great many open accounts, amounting to $2,705. W. M. Hutchings, the administrator, died in August, 1878, and John Hutchings, in October, 1878, qualified as administrator on the estate of said W. M. Hutchings, and took into possession all the property which the former administrator had received from the estate of Adkins. The bill further alleges that the administrator was guilty of a devastavil!, because he had not collected a great many of these accounts, which they alleged were solvent at the time they were received by him.
The defendant answered the bill, and claimed that a large portion of these accounts were barred by the statute of limitations when they came into the hands of the administrator ; and made further answer to the bill, which is unnecessary to mention for the purposes of this decision. Upon the trial of the case, the jury found in favor of the defendant. The complainants made a motion for a new trial upon the various grounds set out therein, which motion was overruled by the court, and movants excepted.
From the manner in which this record was made up, and the exceedingly bad handwriting of the person who copied the brief of evidence, it is impossible for us to determine whether the jury found contrary to the evidence or not, without devoting to it much more time than we can afford in view of the great press of business upon us; and as the case is to be sent back on account of errors committed by the court in his charge to the jury, we forbear making any further comment upon these grounds.
The same reasons will apply to the exceptions taken in •the fifth ground, upon the charge of the court to the jury upon said tax returns.
The court did right in charging the jury, as complained of in the 8th ground, that these complamants could not recover in this suit the balance of the year’s support set apart to the family.
It is true that this court, in Stanford vs. Murphy, administrator , 63 Ga. 410, held that it was the duty of the judge to point out what parts of the answer are responsive to the bill; but in Harris, trustee, vs. Collins, 75 Ga. 97, this court held that this decision did not modify or change in the least degree the rule' as laid down in 14 Ga. supra. We think that counsel owe some duties to the court in pointing out what is responsive and what is not responsive in an answer; and if they wish particular parts of the answer pointed out as responsive to the bill, they should call the attention of the court thereto and ask the court specially to call the attention of the jury to such parts as they consider responsive. It would be a great burden upon the judges of the superior courts to require them, in their charges to the jury, toread all the allegations in the bill and then read the answer and point out to the jury what is responsive and what is not responsive.
Judgment reversed.