Legal Opinion
Orange County Trust Company v. Estate of Abe Takowsky
Court of Appeals of Georgia
Decided February 21, 1969No. 44274PublishedCited by 22 opinions
1Opinion of the Court
Felton, Chief Judge.
In this case the attachment affidavit, the declaration of attachment of the ensuing garnishment affidavit were all made in the name of the “Estate of Abe Takowsky,” by an individual designating himself as “attorney at law” for the estate. The court rendered a judgment in favor of the plaintiff and the defendants appeal from the overruling of their motion for a new trial.
1. An estate is not a legal entity which can be a party plaintiff to legal proceedings, because the exclusive right to bring actions in behalf of an estate (including attachment and garnishment proceedings)…
2Cases cited12 opinions
- Riley v. GarrettSupreme Court of Georgia · 1963
- Haynes v. Armour Fertilizer WorksSupreme Court of Georgia · 1917
- Charles v. Valdosta Foundry & Machine Co.Court of Appeals of Georgia · 1908
- Smith v. Commissioners of Roads & RevenueSupreme Court of Georgia · 1944
- Knox v. Greenfield EstateCourt of Appeals of Georgia · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Block v. Voyager Life InsuranceSupreme Court of Georgia · 1983
- Russell v. O'DONNELLCourt of Appeals of Georgia · 1974
- Cowart Iron Works, Inc. v. Phillips Construction Co.District Court, S.D. Georgia · 1981
- Employers' Liability Assurance Corp. v. KeelinCourt of Appeals of Georgia · 1974
- Mathews v. ClevelandCourt of Appeals of Georgia · 1981
17 more not listed; retrieve them via the Exa API.