Supreme Court of Georgia, 1916

Ellard v. Coleman

Ellard v. Coleman
Supreme Court of Georgia · Decided April 11, 1916 · Atkinson
145 Ga. 18; 88 S.E. 554; 1916 Ga. LEXIS 159

Ellard v. Coleman

Opinion of the Court

Atkinson, J.

G-. C. Coleman instituted an action against W. B. Ellard and W. M. Alexander, for damages. The plaintiff died before trial of the case, and his death was suggested of record. No party plaintiff was made, and a verdict was rendered against W. B. Ellard for a stated amount of money. Held, that the verdict was unauthorized by law, and it was erroneous to refuse to grant a new trial. Irwin v. Shuford, 144 Ga. 532 (87 S. E. 674) ; Ellis v. Francis, 9 Ga. 325.

Judgment reversed.

All the Justices concur.

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