Taylor v. Georgia Loan & Trust Co.
Court of Appeals of Georgia
Action for money had and received; from city court of Nashville — Judge Christian. February 28, 1917. Suit was brought by Hattie Taylor. The allegations of her petition, briefly stated, were as follows: P. D. Lewis is the duly and legally qualified administrator on the estate of Thomas S. Taylor, late of Berrien county, Georgia.
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Action for money had and received; from city court of Nashville — Judge Christian. February 28, 1917. Suit was brought by Hattie Taylor. The allegations of her petition, briefly stated, were as follows: P. D. Lewis is the duly and legally qualified administrator on the estate of Thomas S. Taylor, late of Berrien county, Georgia. As such administrator he declines to prosecute this suit, and has duly assigned the claim herein sued on to petitioner, the widow of Thomas S. Taylor, deceased, and therefore a distributee of said estate, in order that she may prosecute this suit in her own name. A…
1Opinion of the Court
. Jenkins, J.
(After stating the foregoing facts.) Aside from the motion to dismiss the bill of exceptions, which is disposed of by the ruling stated in the first headnote, the only question made by the record is whether or not the court below erred in granting a nonsuit, upon the theory that the plaintiff had failed to make out a prima facie case on the cause of action as laid. Hnder section 4003 of the Civil Code of 1910, if the administrator for any cause declines to place any claim in suit, he may assign the same to a distributee, who may at his own expense prosecute the claim the proceeds…
2Cases cited3 opinions
- Bond v. Central BankSupreme Court of Georgia · 1847
- Schley v. LyonSupreme Court of Georgia · 1849
- Barrett v. ButlerSupreme Court of Georgia · 1875