Woodbury v. Atlanta Dental Supply Co.

1. Since, in a suit in trover, a conversion of the property sued for may be shown although the property be not in the possession of the defendant at the time of the filing of the suit, it follows that, in a suit where the petition alleges that the property sued for is in the possession of the defendant, a verdict for the plaintiff will not be set aside upon the ground that the plaintiff has failed to prove that at the time of filing the suit the defendant was in possession of the property. Wilkin v. Boykin, 56 Ga. 45; Chambless v. Livingston, 123 Ga. 257 (51 S. E. 314); Citizens Bank of…