139 Ga. 64 | Ga. | 1912
This was a proceeding in the court of ordinary of DeKalb county, to set aside a judgment granting letters of administration on the estate of W. S. Martin Jr., on the ground, that at the time the letters were granted Martin was a non-resident of the State, had no property in the county and no bona fide cause of action against any person residing therein; and that the letters of administration were granted upon the representation that Martin left an.estate in DeKalb county, which ’representation was in law a fraud upon the court. On the trial of the case it appeared: that Martin was adjudicated a bankrupt while a resident of DeKalb county; that a receiver was appointed by the bankruptcy court, who took charge of his property, which included a policy of insurance on his life, payable to his executors and administrators; that the receiver disposed of the goods, and carried the policy of life insur
In view of the evidence, and the legal principles controlling the case, there was no error in refusing to grant a new trial.
Judgment affirmed.