Stevens v. Wood
Court of Appeals of Georgia
Action for damages; from city court of Macon — Judge Hodges. June 22, 1915. From the petition it appears that Homer G. Wood was struck and injured by an automobile of W. P. Stevens while it was being driven by W. A. Stephens. Wood sued the former and another jointly for damages on account of the injury; the plaintiff died and his executrix was substituted as plaintiff.
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Action for damages; from city court of Macon — Judge Hodges. June 22, 1915. From the petition it appears that Homer G. Wood was struck and injured by an automobile of W. P. Stevens while it was being driven by W. A. Stephens. Wood sued the former and another jointly for damages on account of the injury; the plaintiff died and his executrix was substituted as plaintiff. On the trial she was nonsuited, and afterwards on the same day she filed a suit against W. P. Stevens and W. A. Stephens, which she amended so as to proceed against W. P. Stevens alone, and which she alleged to be a renewal of…
1Opinion of the CourtBboyles, J.
1. A nonsuit does not extinguish a cause of action; neither does the death of a plaintiff in a pending suit; and where, after the personal representative of the plaintiff has been made a party to the suit in his stead, the case is nonsuited, the personal representative can, within the statutory period, recommence the suit. Civil Code, §§ 4381, 5598, 5942; Moody v. Threlkeld. 13 Ga. 55, 60; Hackney v. Asbury, 124 Ga. 678 (52 S. E. 886). See also Sewell v. Atkinson, 14 Ga. App. 386 (80 S. E. 862).
2. While the second suit must be for the same cause of action as the first suit, it need not be an…
2Cases cited32 opinions
- Griffin v. RussellSupreme Court of Georgia · 1915
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Cox v. StricklandSupreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Hayes v. StateCourt of Appeals of Georgia · 1912
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3Cited by6 opinions
- Thornhill v. BullockCourt of Appeals of Georgia · 1968
- Midland Valley R. Co. v. TownesSupreme Court of Oklahoma · 1936
- Hall v. CarrollSupreme Court of North Carolina · 1960
- Dumas v. United StatesCourt of Appeals for the Tenth Circuit · 1939
- Burks v. WheelerCourt of Appeals of Georgia · 1955
1 more not listed; retrieve them via the Exa API.