Adder Machine Co. v. Hawes
Supreme Court of Georgia
The Court of Appeals certified to this court the following questions (in Case No. 12187) : “ 1. A suit in trover, filed May 2, 1919, to recover an adding machine of the alleged value of $310 and of the yearly value of $100, accompanied by an affidavit for bail, was brought against the administrator of an estate within 12 months of his appointment as administrator.
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The Court of Appeals certified to this court the following questions (in Case No. 12187) : “ 1. A suit in trover, filed May 2, 1919, to recover an adding machine of the alleged value of $310 and of the yearly value of $100, accompanied by an affidavit for bail, was brought against the administrator of an estate within 12 months of his appointment as administrator. The defendant filed a plea denying that title to the property was in the plaintiff, and pleading specially that he was appointed administrator of the estate on August 2, 1918, and that, 12 months therefrom not having expired, he was…
1Opinion of the CourtFish, C. J.
As appears from the first question propounded, the action of trover and bail, by amendment of the petition by the plaintiff, was converted into a plain suit of trover for the recovery of the property itself, wherein no recovery was sought for hire, or for the value of the property. As stated in the question, the Civil Code (1910), § 4015, provides: “No suit to recover a debt due by the decedent shall be commenced against the administrator until the expiration of twelve months from his qualification,” etc. A trover suit for the recovery alone of the property therein mentioned is not a “suit to…
2Cases cited2 opinions
- Lanfair v. ThompsonSupreme Court of Georgia · 1900
- Redford v. LloydSupreme Court of Georgia · 1917
3Cited by9 opinions
- Terry v. FickettSupreme Court of Georgia · 1945
- Commercial Bank v. PharrCourt of Appeals of Georgia · 1947
- Jones v. WomackCourt of Appeals of Georgia · 1936
- Atkinson v. Universal Credit Co.Court of Appeals of Georgia · 1935
- Sharpe v. AutrySupreme Court of Georgia · 1936
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