Legal Opinion
McElroy v. Williams Bros. Motors, Inc.
Court of Appeals of Georgia
Decided September 26, 1961No. 39014PublishedCited by 17 opinions
1Opinion of the Court
Eberhaedt, Judge.
In a trover action, it is well settled that the issue is one of title (Tidwell v. Bush, 59 Ga. App. 471, 1 SE2d 457) and numerous other cases, and that the plaintiff must show either title in himself at the time of the suit, prior possession or the right of possession. Southern Ry. Co. v. Strozier & Waters, 10 Ga. App. 157 (1) (73 SE 42).
The defendant urges his amended motion for new trial on the general grounds for two reasons, viz. (1) that the plaintiff never proved title in itself because while the automobile is described in the petition and the affidavit to obtain bail…
2Cases cited12 opinions
- Bailey v. HolmesSupreme Court of Georgia · 1926
- Augusta Roofing & Metal Works, Inc. v. ClemmonsCourt of Appeals of Georgia · 1958
- Southern Railway Co. v. StrozierCourt of Appeals of Georgia · 1911
- Harvey v. DeWeillCourt of Appeals of Georgia · 1960
- Ward v. StateCourt of Appeals of Georgia · 1920
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gordon v. Gulf American Fire & Casualty Co.Court of Appeals of Georgia · 1966
- Trust Co. v. Refrigeration Supplies, Inc.Supreme Court of Georgia · 1978
- Nelliger v. Atlanta Baggage & Cab Co.Court of Appeals of Georgia · 1964
- Dowling v. Jones-Logan Co., Inc.Court of Appeals of Georgia · 1971
- Lewis v. American Road InsuranceCourt of Appeals of Georgia · 1969
12 more not listed; retrieve them via the Exa API.