Legal Opinion
McLendon v. Simmons
Court of Appeals of Georgia
Decided June 17, 1929No. 19215PublishedCited by 5 opinions
1Opinion of the CourtBell, J.
(After stating the foregoing facts.) The right to sue in an action of trover is in the party in whom the title to the property was vested at the time of the conversion. McElmurray v. Harris, 117 Ga. 919 (43 S. E. 987). The instant suit was not by the association, and, since the association was not incorporated, the action could not have been brought in its name as plaintiff. *29Civil Code (1910), § 2830; Kelsey v. Jackson, 123 Ga. 113 (50 S. E. 951); Wilkins v. Wardens, 52 Ga. 351. The parties plaintiff are in fact ten individuals, who allege themselves to be officers of the association and who…
2Cases cited13 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Mutual Life Insurance v. Inman Park Presbyterian ChurchSupreme Court of Georgia · 1900
- McElmurray v. HarrisSupreme Court of Georgia · 1903
- Willis v. BurchSupreme Court of Georgia · 1902
- Kelsey v. JacksonSupreme Court of Georgia · 1905
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3Cited by5 opinions
- Walker v. Grand International Brotherhood of Locomotive EngineersSupreme Court of Georgia · 1938
- Livingston v. Epsten-Roberts Co.Court of Appeals of Georgia · 1934
- Browder v. CoxCourt of Appeals of Georgia · 1951
- Loftis v. Allen Plumbing Co.Court of Appeals of Georgia · 1936
- Carpenter v. LentWashington Supreme Court · 1936