Young Men's Christian Assn. v. Bailey

Eberhardt, Judge.

The court erred in granting a new trial on special ground 4. In her petition plaintiff alleged that the defendant is a charitable organization. In the light of that (except as to administrative or corporate negligence) it was necessary to allege that it owned noncharitable assets out of which she might expect to satisfy any judgment that might be obtained. Cox v. DeJarnette, 104 Ga. App. 664 (123 SE2d 16); Morehouse College v. Russell, 219 Ga. 717 (135 SE2d 432). In the absence of that allegation the action could not have been maintained insofar as recovery was sought for the…