Supreme Court of Georgia, 1903

McElmurray v. Harris

McElmurray v. Harris
Supreme Court of Georgia · Decided April 8, 1903
117 Ga. 919; 43 S.E. 987; 1903 Ga. LEXIS 391
McElmurray v. Harris

Cases that cite this one

14 later published cases cite this decision.

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Opinion of the Court

Candler, J. The right to sue in an action of trover is in the party in whom the title to the personalty was at the time of the conversion. Willis v. Burch, 116 Ga. 375. Where such party sues in trover for the use of another, the name of the usee may he treated as surplusage. Mitchell v. R. Co., 111 Ga. 771; Willis v. Burch, supra. Accordingly, where one who has the legal right "brings an action of trover, and pending the action sells the property to another ; and where, without objection, the plain tiff amends his petition so as to make it a suit for the use of his vendee, the sale of the property does not defeat his right to recover, and the allowance, without objection, of the unnecessary amendment, will not invalidate the verdict and judgment in his favor. See Wood v. McGuire, 21 Ga. 576 ; Suwanee Co. v. Baxter, 109 Ga. 600.

Judgment affirmed.

By fine Justices.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.