Legal Opinion
Campbell v. Western & Atlantic Railroad
Court of Appeals of Georgia
Decided January 14, 1938No. 26465PublishedCited by 6 opinions
1Opinion of the CourtGajebev, J.
1. Where a wife sues for the homicide of her husband, as provided in the Code, § 105-1302, and during the pendency thereof dies, the action survives in the first instance to the children of the deceased if any be in life. § 105-1303. In such a case, if there be no children, the action survives “to the personal representative of the deceased plaintiff.” § 3-505.
*210Decided January 14, 1938. G. E. DaUon, EardUn & MoGamy, for plaintiff. Walton Wlvitwell, D. W. Milchell, for defendant.
2. Upon the death of a wife suing for the homicide of her husband, the suit does not abate, but is suspended.…
2Cases cited9 opinions
- Towns v. MathewsSupreme Court of Georgia · 1893
- Irwin v. ShufordSupreme Court of Georgia · 1916
- Dellinger v. Elm City Cotton MillsCourt of Appeals of Georgia · 1921
- Clements v. PollardCourt of Appeals of Georgia · 1936
- Butts v. City of MoultrieCourt of Appeals of Georgia · 1929
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Eubank v. Barber-Colman Co.Court of Appeals of Georgia · 1967
- South DeKalb Family Branch of Young Men's Christian Ass'n of Metropolitan Atlanta, Inc. v. FrazierSupreme Court of Georgia · 1976
- Weldon v. WilliamsCourt of Appeals of Georgia · 1984
- Freeman Decorating Co. v. Subsequent Injury Trust FundCourt of Appeals of Georgia · 1985
- Freeman Decorating Co. v. Subsequent Injury Trust FundCourt of Appeals of Georgia · 1985
1 more not listed; retrieve them via the Exa API.