Turner v. Lyons

Court of Appeals of Georgia

Turner v. Lyons

179 S.E. 577, 51 Ga. App. 40, 1935 Ga. App. LEXIS 539

CourtCourt of Appeals of Georgia

DecidedApril 3, 1935

Docket24487

StatusPublished

This text of 179 S.E. 577 (Turner v. Lyons) 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

Turner v. Lyons, 179 S.E. 577, 51 Ga. App. 40, 1935 Ga. App. LEXIS 539 (Ga. Ct. App. 1935).

Pincite

Opinion

Gtjerky, J.

1. Conceding, but not deciding, that the defendants named in the petition were such members of a partnership as would make service upon them binding upon the partnership, no cause of action is set forth. An examination of the exhibit attached to the petition does not show that the plaintiff, even if entitled to maintain such an action, was entitled to recover the named amount sued for, or any other amount, from the named defendants or from the partnership.

2. The defendants arc alleged to be a fraternal-benefit partnership. The exhibit attached shows that no member is entitled to receive any “sick or funeral benefits” unless his dues shall have been paid in advance. There is no allegation that such had been done.

3. The court did not err in sustaining the general demurrer.

Judgment affirmed.

Broyles, O. J-, and MacIntyre, J., concur.

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