McArdle v. Bullock & Radcliff
Supreme Court of Georgia
Practice. Bill of Particulars. Pleading. Interrogatories. Impeaching witnesses. Before Judge Johnson. Muscogee Superior Court., May Term, 1871. Bullock & Radcliff averred that “Julius Zorkowsld and Thomas Brassell ” were indebted to them $85 00, as would fully appear by a bill of particulars attached. The bill of particulars was headed as follows : “Zorkowsld and Brassell to Bullock & Radcliff, Dr.” Both defendants were served.
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Practice. Bill of Particulars. Pleading. Interrogatories. Impeaching witnesses. Before Judge Johnson. Muscogee Superior Court., May Term, 1871. Bullock & Radcliff averred that “Julius Zorkowsld and Thomas Brassell ” were indebted to them $85 00, as would fully appear by a bill of particulars attached. The bill of particulars was headed as follows : “Zorkowsld and Brassell to Bullock & Radcliff, Dr.” Both defendants were served. Pendente lite, Brassell died and McArdle became his administrator. Scire facias to make him a party was served upon McArdle and he was made a party. Zorkowsld pleaded…
1Opinion of the Court
McCay, Judge.
1. The issue on a scire facias to make an administrator a party to a suit pending against one who is dead, is whether or not the person served is a proper party, in the capacity in which he acts. And if the suit be one that does not survive at law against the intestate’s estate, “he ought to make the question before he is made a party.
2. It would be giving far more force, to the mere heading of a bill of particulars than seems'proper, to allow it to control the formal allegations of the declaration. These defendants are sued in the body of the declaration, as joint contractors,…
2Cited by8 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Davis v. Central RailroadSupreme Court of Georgia · 1878
- Darden v. Mayor of WashingtonCourt of Appeals of Georgia · 1926
- Bank of Orland v. FinnellCalifornia Supreme Court · 1901
- Reed v. Travelers InsuranceSupreme Court of Georgia · 1903
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