Jernigan v. Collier

Hill, Justice.

Certiorari was granted to interpret Code Ann. § 81A-125 (a) (1) concerning substitution upon the death of a party, which section has not heretofore been interpreted by this court. It has been considered in two decisions by the Court of Appeals — connected cases arising out of the same incident, first in Jernigan v. Collier, 131 Ga. App. 162 (205 SE2d 450) (1974), and later in Jernigan v. Collier, 134 Ga. App. 137 (213 SE2d 495) (1975), the case in which certiorari was granted.

The Code section in issue, Code Aim. § 81A-125 (a) (1), provides: "If a party dies and the claim is not…