Leathers v. Raburn

Court of Appeals of Georgia

Leathers v. Raburn

87 S.E. 754, 17 Ga. App. 437, 1916 Ga. App. LEXIS 994

CourtCourt of Appeals of Georgia

DecidedJanuary 7, 1916

Docket6327

StatusPublished

Cited by4 cases

This text of 87 S.E. 754 (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, 87 S.E. 754, 17 Ga. App. 437, 1916 Ga. App. LEXIS 994 (Ga. Ct. App. 1916).

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Opinion

Broyles, J.

Section 4421 of the Civil Code, which provides that no action for the recovery of damages for homicide, injury to the person, or injury to property shall abate by the death of either party, but that such cause of action, in case of the death of the plaintiff, shall survive to the personal representative of the deceased plaintiff, refers to pending suits only. Frazier v. Georgia Railroad Co., 101 Ga. 77 (28 S. E. 662); Peebles v. C. & W. C. Ry. Co., 7 Ga. App. 279 (66 S. E. 953). Consequently, where the petition showed that the suit was -brought by the administrator of R. for alleged injuries to a horse which at the time of the injury belonged to R., who was then alive, and where it further appeared in the petition that R. had not instituted any suit, but that the suit was commenced after the death of R., the petition should have been dismissed on demurrer. Judgment reversed.

Action for damages; from city court of Carrollton — Judge Beall. January 15, 1915.

Boylcin & Boylcin, Raymond Robinson, J. M. 'Moore, for plaintiff in error. Newell & Spradlin, contra.

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Broyles, J.

Section 4421 of the Civil Code, which provides that no action for the recovery of damages for homicide, injury to the person, or injury to property shall abate by the death of either party, but that such cause of action, in case of the death of the plaintiff, shall survive to the personal representative of the deceased plaintiff, refers to pending suits only. Frazier v. Georgia Railroad Co., 101 Ga. 77 (28 S. E. 662); Peebles v. C. & W. C. Ry. Co., 7 Ga. App. 279 (66 S. E. 953). Consequently, where the petition showed that the suit was -brought by the administrator of R. for alleged injuries to a horse which at the time of the injury belonged to R., who was then alive, and where it further appeared in the petition that R. had not instituted any suit, but that the suit was commenced after the death of R., the petition should have been dismissed on demurrer. Judgment reversed.

Action for damages; from city court of Carrollton — Judge Beall. January 15, 1915.

Boylcin & Boylcin, Raymond Robinson, J. M. 'Moore, for plaintiff in error. Newell & Spradlin, contra.

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Bluebook (online)

87 S.E. 754, 17 Ga. App. 437, 1916 Ga. App. LEXIS 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leathers-v-raburn-gactapp-1916.

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