Public-domain · open source
OpenJurist

107 Ga. App. 283

129 S.E.2d 824

Compton v. Weekes

Court of Appeals of Georgia

Decided January 31, 1963

Court of Appeals of Georgia · decided 1963-01-31

Cited by 6 later decisions — most recently April 1968

6 state decisions

Relies on Ripley v. Eady & Mayfield · 29 Ga. App. 97 - Nolin v. Mooty

Good law ✅— No negative treatment on recordhow we know

Decided 1963-01-31

View the full empirical analysis of this case →

Hall, Judge.

¶1 1. A suit against one described in the suit as “John Wesley Weekes, Administrator of the Estate of Robert F. Norton, Sr.,” is a suit against John Wesley Weekes individually. Nolin v. Mooty, 29 Ga. App. 97 (1) (113 SE 814).

¶2 2. Assuming that the petition was amendable under Code § 81-1308, the record does not show any offer by the plaintiff to amend the petition prior to the judgment of the trial court sustaining the demurrer to the petition. In the absence of *284 such showing, it cannot be said that the trial judge erred in failing to give the plaintiff the opportunity to amend before sustaining the demurrer. Ripley v. Eady & Mayfield, 106 Ga. 422 (2) (32 SE 343).

Decided January 31, 1963. Linus L. Zukas, for plaintiff in error’. Dennis, Bowden & Barton, Charles S. Barton, Weekes & Candler, John Wesley Weekes, contra.

¶3 Judgment affirmed.

Carlisle, P. J., and Bell, J., concur.
/107/gaapp/283 · .json · Public domain