Averitt v. Pope

Supreme Court of Georgia

Averitt v. Pope

30 Ga. 660

DecidedJune 15, 1860

StatusPublished

This text of 30 Ga. 660 (Averitt v. Pope) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Averitt v. Pope, 30 Ga. 660 (Ga. 1860).

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Opinion

By the Court.

Stephens, J.,

delivering the opinion.

The Act of 1850, authorizing foreign administrators to sue in this State, (see Cobb’s Dig., 341), warrants no such distinction as that taken as the ground of the non-suit, between actions ex contractu and actions ex delicto. The Act speci[661]*661fies certain causes of action for which the foreign administrator may sue, and then adds, “ and any other cause of action against citizens of this State.” The non-suit is plainly against the Statute.

Judgment reversed.

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By the Court.

Stephens, J.,

delivering the opinion.

The Act of 1850, authorizing foreign administrators to sue in this State, (see Cobb’s Dig., 341), warrants no such distinction as that taken as the ground of the non-suit, between actions ex contractu and actions ex delicto. The Act speci[661]*661fies certain causes of action for which the foreign administrator may sue, and then adds, “ and any other cause of action against citizens of this State.” The non-suit is plainly against the Statute.

Judgment reversed.

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Bluebook (online)

30 Ga. 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/averitt-v-pope-ga-1860.