Legal Opinion

Giddens v. Sumner

Court of Appeals of Georgia

Decided March 13, 1967No. 42553PublishedCited by 1 opinion

1Opinion of the Court

Felton, Chief Judge.

1. The judgment of the trial court denying the plaintiff’s motion for summary judgment, although the only judgment, ruling or order appealed from, is reviewable in this court. Undercofler v. Grantham Transfer Co., 222 Ga. 654 (151 SE2d 765).

2. “No suit to recover a debt due by the decedent shall be commenced against the administrator until the expiration of 12 months from his qualification.” Code § 113-1526 (Ga. L. 1799, Cobb, 472). A claim for unliquidated damages in a tort action is such a “debt.” Jones v. Womack, 53 Ga. App. 741 (187 SE 285); Atlanta Newspapers, Inc. v.…

2Cases cited4 opinions

  1. Undercofler v. Grantham Transfer Co.Supreme Court of Georgia · 1966
  2. ATLANTA NEWSPAPERS INC. v. DoyalCourt of Appeals of Georgia · 1951
  3. Hartford Accident & Indemnity Co. v. CohranCourt of Appeals of Georgia · 1962
  4. Jones v. WomackCourt of Appeals of Georgia · 1936

3Cited by1 opinion

  1. Andrews v. PollardCourt of Appeals of Georgia · 1970

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