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Lawskills.com Georgia Caselaw
COMPTON v. WEEKES, Administrator.
39941.
HALL, Judge.
Action on account. DeKalb Superior Court. Before Judge Dean.
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. 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 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).
Dennis, Bowden & Barton, Charles S. Barton, Weekes & Candler, John Wesley Weekes, contra.
Linus L. Zukas, for plaintiff in error.
DECIDED JANUARY 31, 1963.
Friday May 22 22:11 EDT


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