Dougherty County v. Pylant

On Motion for Rehearing.

It is contended by the plaintiff in error on motion for rehearing that, assuming for the sake of argument that the right of action did vest in the plaintiffs at the time of the damage, such right of action was extinguished in the plaintiffs by their subsequent conveyance of the property to a third person prior to the institution of the suit.

This contention is without merit. While a chose in action arising from a tort is assignable where it involves, directly or indirectly, a right of property (Code § 85-1805; Sullivan v. Curling, 149 Ga. 96, 99 SE 533, 5 ALR 124), such…