Wallace v. Wallace
Supreme Court of Georgia
Equitable petition. Before Judge Rawlings. Jenkins superior court. May 7, 1913.
1Opinion of the CourtAtkinson, J.
1. The character in which a party is sued may be determined from the substance of the allegations of the petition, considered in its entirety. 15 Enc. Pl. & Pr. 480; Jennings v. Wright, 54 Ga. 537; Bagley v. Robertson, 57 Ga. 148; Wadley v. Oertel, 140 Ga. 326 (78 S. E. 912); Humphrey v. Smith, 142 Ga. 291 (82 S. E. 885). Accordingly, a petition in a suit in equity, alleging that the heirs at law of a decedent filed a petition against two named persons; that one of them applied to the ordinary for appointment as administrator upon the estate of such decedent, alleging that he was the next of…
2Cases cited6 opinions
- Neal v. BoykinSupreme Court of Georgia · 1907
- Wade v. WatsonSupreme Court of Georgia · 1909
- Jennings v. William W. Wright & Co.Supreme Court of Georgia · 1875
- Wadley v. OertelSupreme Court of Georgia · 1913
- Humphrey v. SmithSupreme Court of Georgia · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Young v. YoungSupreme Court of Georgia · 1939
- Robinson v. Georgia Savings Bank & Trust Co.Supreme Court of Georgia · 1938
- Bowers v. DolanSupreme Court of Georgia · 1939
- Abercrombie v. HairSupreme Court of Georgia · 1938
14 more not listed; retrieve them via the Exa API.