Cooper v. Claxton
Supreme Court of Georgia
Complaint. Before Judge Hammond. Johnson superior court. August 29> 1904. On February 4,1904, J. H. Cooper brought an action against L. J. Claxton, as executor of the will of W. G. Sammons, alleging that Sammons died in 1901 and Claxton “was executor of [his] estate” and had possession of the same.
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Complaint. Before Judge Hammond. Johnson superior court. August 29> 1904. On February 4,1904, J. H. Cooper brought an action against L. J. Claxton, as executor of the will of W. G. Sammons, alleging that Sammons died in 1901 and Claxton “was executor of [his] estate” and had possession of the same. The third paragraph of the petition was as follows: “That from January, 1876, to December 25th, 1881, inclusive, petitioner performed various and sundry services for the deceased on his farm in said county, that-said services were worth the sum of $300.00 per year, making a total of $1800.00.” The…
1Opinion of the CourtFish, P. J.
(After stating the facts.) 1. We think it is apparent that the petition, properly construed, set forth only two causes of action, one, in the fourth paragraph, being for the value of the plaintiff’s services from January, 1876, to December 25, 1881, the value alleged being $300 per year,-with interest upon the total amount from the last-mentioned date ; the other being upon a breach of the contract made by the plaintiff’s father with Sammons, for the plaintiff’s benefit, for one half of the value of *599Sammons’ estate at the time of his death, alleged to be $15;000, with interest from such time.…
2Cases cited3 opinions
- Gunter v. MooneySupreme Court of Georgia · 1883
- Austell v. HumphriesSupreme Court of Georgia · 1896
- Harris v. JohnsonSupreme Court of Georgia · 1896
3Cited by15 opinions
- Crawford v. WilsonSupreme Court of Georgia · 1913
- Shropshire v. RaineySupreme Court of Georgia · 1920
- Neal v. StapletonSupreme Court of Georgia · 1948
- Manget v. National City BankSupreme Court of Georgia · 1929
- Troutman v. Southern Railway Co.District Court, N.D. Georgia · 1968
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