Supreme Court of Georgia, 1912

McCurdy v. Fambro

McCurdy v. Fambro
Supreme Court of Georgia · Decided February 13, 1912 · Fish
137 Ga. 495; 73 S.E. 732; 1912 Ga. LEXIS 62

McCurdy v. Fambro

Opinion of the Court

Fish, C. J.

1. The assignments of error upon rulings of the court relative to the admissibility of evidence, and as to the disallowance of certain amendments which were offered to the plaintiff’s petition, were without merit. The evidence was of such character as to require a verdict in favor of the defendants, and the court did not err in directing a verdict in their behalf.

2. No point was raised in the record as to whether a mortgage on realty can be foreclosed against a lunatic unless a guardian ad litem be duly appointed in the foreclosure proceeding.

Judgment affirmed.

All the Justices concur, except Lumphin, J., disqualified, and Hill, J., not presiding.

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