Citizens & Southern National Bank v. Hendricks
Supreme Court of Georgia
1Opinion of the CourtAtkinson, J.
In this case the trial court sustained a general demurrer to the petition and dismissed the action. On exception the Court of Appeals ruled: “‘The probate of a will containing defamatory matter is a publication thereof, creating a cause of action against the estate of the testator, which cause of action is considered to have accrued subsequent to the testator’s death; hence it is not abated by his death.’ Under this rule the petition in this case sets out a cause of action for libel, and the trial judge erred in sustaining the general demurrer to the petition.” On application for certiorari…
2Cases cited12 opinions
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Harris v. PowersSupreme Court of Georgia · 1907
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
- King v. Southern Railway Co.Supreme Court of Georgia · 1906
- Alexander v. DeanSupreme Court of Georgia · 1924
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3Cited by11 opinions
- Carver v. MorrowSupreme Court of South Carolina · 1948
- Brown v. MackNew York Supreme Court · 1945
- Molton v. Commercial Credit Corp.Court of Appeals of Georgia · 1972
- Nolin v. NolinAppellate Court of Illinois · 1966
- Posner v. KoplinCourt of Appeals of Georgia · 1956
6 more not listed; retrieve them via the Exa API.