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MILAM v. TERRELL

20055, 20056.

214 Ga. 199 (1958)

104 S.E.2d 219

MILAM et al. v. TERRELL; and vice versa.

Supreme Court of Georgia.

Decided June 4, 1958.

Attorney(s) appearing for the Case

W. B. Greene, Finley, Henson & Greene, Wm. A. Ingram, for plaintiffs in error.

Maddox & Maddox, J. D. Maddox, contra.

DUCKWORTH, Chief Justice.

1. "If a defendant shall appear and plead to the merits, without pleading to the jurisdiction, and without excepting thereto, he shall thereby admit the jurisdiction of the court." Code § 81-503. The caveators filed objections to the probate of the will on the ground that the Court of Ordinary of Floyd County was without jurisdiction, a guardian having been appointed for the alleged incompetent...

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