Colyar v. Atlantic States Motor Lines, Inc.

This is an action for wrongful death.

The date of the death of plaintiff's intestate is alleged in the complaint and the summons shows that the action was instituted less than one year from such date, but the complaint did not allege that the action was brought within one year of the death of plaintiff's intestate.

Upon the call of the case for trial, the plaintiff moved to amend, so as to allege the action was brought within one year from the death of plaintiff's intestate. Motion denied. Exception. Whereupon, the defendant demurred ore tenus, on the ground that the complaint did not allege…