Voyles v. Cunningham
Voyles v. Cunningham
Opinion of the Court
D. R. Voyles brought an action of trover against Mrs. Bernice Cunningham, individually and as executrix of the last will of Mrs. Lillian Chalker Voyles, deceased. The plaintiff’s petition alleges: “The defendant executrix did over the protest of, and without the consent of, the plaintiff take possession of certain personalty, namely: (1) meat case formerly of L. L. Woodward, and of the value of $200.00, (2) a Mc-Caskey cash register of the value of $250.00, (3) a gas tank formerly of Flint Gas Company, of the value of $150.00, (4) a hot water tank formerly of Flint Gas Company of the value of
The plaintiff does not allege the time, place or manner of conversion, nor from whom defendant took the property sued for, nor the location of the property at the time of filing the petition. The allegation that the said property was the only personalty answering such description, does not add to or enlarge upon the the description alleged and is a mere conclusion, because it is common knowledge that there are many items of property in existence of each kind and class therein enumerated. McElhannon v. Farmers Alliance Co., 95 Ga. 670 (22 SE 686); Rackley v. Burgess, 39 Ga. App. 15 (145 SE 907); Seaboard Security Co. v. Goodson, 51 Ga. App. 512 (180 SE 858).
The court did not err in sustaining the defendant’s demurrer and in dismissing the petition.
Judgment affirmed.
Reference
- Full Case Name
- VOYLES v. CUNNINGHAM
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- Published