Foster v. Sutlive
Supreme Court of Georgia
Foster v. Sutlive, 110 Ga. 297 (Ga. 1900)
34 S.E. 1037; 1900 Ga. LEXIS 370
Simmons
Foster v. Sutlive
Opinion of the Court
1. When the assignee of a chose in action brings suit thereon, the petition should allege that the assignment was in writing; and a demurrer to the petition because of the want of such an allegation should have been sustained. Hartford Ins. Co. v. Amos, 98 Ga. 533, and cases cited.
2. The demurrer to the petition having been erroneously overruled, all occurring upon the trial was nugatory.
Judgment reversed.
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