Averitt v. Pope

Decided June 15, 1860

Supreme Court of Georgia · decided 1860-06-15

Complaint, from Lee county. Tried before Judge Allen, March Term, 1859. This was an action of complaint brought for the recovery of a slave by Matthew Averitt against Robert Freeman! Pending the suit both parties died, and afterwards, Sarah Averitt, as administratrix of Matthew Averitt, deceased, and John H. Pope, as administrator of Robert Freeman, deceased, were made parties plaintiff and defendant.

Decided 1860-06-15

¶1By the Court.

Stephens, J.,

¶2delivering the opinion.

¶3The Act of 1850, authorizing foreign administrators to sue in this State, (see Cobb’s Dig., 341), warrants no such distinction as that taken as the ground of the non-suit, between actions ex contractu and actions ex delicto. The Act speci*661fies certain causes of action for which the foreign administrator may sue, and then adds, “ and any other cause of action against citizens of this State.” The non-suit is plainly against the Statute.

¶4Judgment reversed.