Compton v. Weekes

Court of Appeals of Georgia

Compton v. Weekes

129 S.E.2d 824, 107 Ga. App. 283, 1963 Ga. App. LEXIS 812

CourtCourt of Appeals of Georgia

DecidedJanuary 31, 1963

Docket39941

StatusPublished

Cited by6 cases

This text of 129 S.E.2d 824 (Compton v. Weekes) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Compton v. Weekes, 129 S.E.2d 824, 107 Ga. App. 283, 1963 Ga. App. LEXIS 812 (Ga. Ct. App. 1963).

Pincite

Opinion

Hall, Judge.

1. A suit against one described in the suit as “John Wesley Weekes, Administrator of the Estate of Robert F. Norton, Sr.,” is a suit against John Wesley Weekes individually. Nolin v. Mooty, 29 Ga. App. 97 (1) (113 SE 814).

2. Assuming that the petition was amendable under Code § 81-1308, the record does not show any offer by the plaintiff to amend the petition prior to the judgment of the trial court sustaining the demurrer to the petition. In the absence of *284 such showing, it cannot be said that the trial judge erred in failing to give the plaintiff the opportunity to amend before sustaining the demurrer. Ripley v. Eady & Mayfield, 106 Ga. 422 (2) (32 SE 343).

Decided January 31, 1963. Linus L. Zukas, for plaintiff in error’. Dennis, Bowden & Barton, Charles S. Barton, Weekes & Candler, John Wesley Weekes, contra.

Judgment affirmed.

Carlisle, P. J., and Bell, J., concur.

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