Leathers v. Raburn

Court of Appeals of Georgia

Leathers v. Raburn

79 S.E. 946, 13 Ga. App. 744, 1913 Ga. App. LEXIS 346

CourtCourt of Appeals of Georgia

DecidedOctober 31, 1913

Docket4803

StatusPublished

This text of 79 S.E. 946 (Leathers v. Raburn) 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

Leathers v. Raburn, 79 S.E. 946, 13 Ga. App. 744, 1913 Ga. App. LEXIS 346 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

Where suit is brought in the plaintiff’s individual capacity, to recover damages for an alleged injury to property, the title to which is alleged to be in him, an amendment adding merely, after the name of the plaintiff, the words, “as administrator of” a named person, is not sufficient to state a cause of action in the plaintiff as legal representative of the estate of that person, unless it is alleged, either in the original petition or in the amendment, that the title to the property was in the person named as decedent, and that that person is in fact dead and that the plaintiff has been duly appointed and qualified as administrator upon the decedent’s estate. In the present ease the petition as amended failed to set forth a cause of action in the plaintiff as the legal representative of the person named, and it was error to overrule a demurrer raising this objection. In view of this erroneous ruling, it is unnecessary to determine any of the questions raised by the plea in abatement. Judgment reversed.

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Russell, J.

Where suit is brought in the plaintiff’s individual capacity, to recover damages for an alleged injury to property, the title to which is alleged to be in him, an amendment adding merely, after the name of the plaintiff, the words, “as administrator of” a named person, is not sufficient to state a cause of action in the plaintiff as legal representative of the estate of that person, unless it is alleged, either in the original petition or in the amendment, that the title to the property was in the person named as decedent, and that that person is in fact dead and that the plaintiff has been duly appointed and qualified as administrator upon the decedent’s estate. In the present ease the petition as amended failed to set forth a cause of action in the plaintiff as the legal representative of the person named, and it was error to overrule a demurrer raising this objection. In view of this erroneous ruling, it is unnecessary to determine any of the questions raised by the plea in abatement. Judgment reversed.

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Bluebook (online)

79 S.E. 946, 13 Ga. App. 744, 1913 Ga. App. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leathers-v-raburn-gactapp-1913.