Dobbs v. Bell Laundry
Court of Appeals of Georgia
Trover; from Cobb superior court — Judge Blair. March 9, 1920. By bail-trover against the Atlanta Northern Bailway Company and the Bell Laundry, a corporation doing business in Atlanta, G-a., C. H. Dobbs, suing for the use of many persons named, sought to recover articles of wearing apparel, table and bed linen, towels, etc.
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Trover; from Cobb superior court — Judge Blair. March 9, 1920. By bail-trover against the Atlanta Northern Bailway Company and the Bell Laundry, a corporation doing business in Atlanta, G-a., C. H. Dobbs, suing for the use of many persons named, sought to recover articles of wearing apparel, table and bed linen, towels, etc. In the petition it is alleged that the railway company, “by instructions of the said Bell Laundry, is in possession of four baskets of ” such articles, “ to which plaintiff claims the right of possession for the use of the usees named hereinbefore; said defendants are…
1Opinion of the CourtSmith, J.
1. There is no merit in either of the grounds to dismiss the bill of exceptions, and the motion is denied.
2. “ When the plaintiff relies on title to recover possession of personal property wrongfully withheld from him, he must show a legal title; a mere equitable title will not suffice. When, therefore, it appears that the legal right of action is not in the plaintiff, he has no right of action at all, either in his own name or in that of another. I-Ie cannot sue for the use of the person who has the legal right of action, but the action should be brought in the name of the real plaintiff.…
2Cases cited3 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Richmond & Danville Railroad v. Bedell & BowersSupreme Court of Georgia · 1892
- Cunningham v. ElliottSupreme Court of Georgia · 1893
3Cited by5 opinions
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- Middle Georgia Lumber Co. v. HuntCourt of Appeals of Georgia · 1936
- Andrew v. George Muse Clothing Co.Court of Appeals of Georgia · 1931
- Logan v. GreerCourt of Appeals of Georgia · 1926
- Evans v. BredowCourt of Appeals of Georgia · 1957