Tuggle v. Wilkinson
Supreme Court of Georgia
Complaint, &c. in Lee Superior Court. Decision by Judge ■ Perkins, June Term, 1854. The Court below dismissed the plaintiff’s suit, on the ground ' that the Act of 1847, “ to curtail and simplify pleadings at law” did not apply tocases for or against an. administrator.. This is the error assigned.
1Opinion of the Court
*91 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The Forms prescribed by the Act of 1847, to simplify .pleadings, are preceded by the alphabetical statement of thé supposed parties, thus:. “A B vs. C D.” And the argument" is, that an action by one administrator against another, cannot :be brought under this Act. That it was intended for individuals, only in their own right.
On the contrary, these letters were intended to represent the whole party — plaintiff and defendant — whoever they may be. This restricted construction would prevent a suit, by two .plaintiffs against one defendant, or…
2Cited by5 opinions
- Floyd v. MorganCourt of Appeals of Georgia · 1939
- Crews v. RobersonCourt of Appeals of Georgia · 1940
- Bright v. Cudahy Packing Co.Supreme Court of Georgia · 1941
- National City Bank of Rome v. GrahamCourt of Appeals of Georgia · 1962
- National City Bank of Rome v. GrahamCourt of Appeals of Georgia · 1962