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SCREVEN OIL MILL v. HUDMON

20147.

214 Ga. 414 (1958)

105 S.E.2d 328

SCREVEN OIL MILL et al. v. HUDMON et al.

Supreme Court of Georgia.

Decided September 5, 1958.

Rehearing Denied October 10, 1958.

Attorney(s) appearing for the Case

Hilton & Hilton, Smith, Kilpatrick, Cody, Rogers & McClatchey, for plaintiffs in error.

Howard & Hunter, Newell Edenfield, Buchanan, Edenfield & Sizemore, contra.

HAWKINS, Justice.

1. The petition on its face discloses that the action was filed within less than twelve months from the qualification of the defendant administrators, and it was erroneous to overrule their demurrer pointing out that so much of the petition as sought to recover a debt alleged to be due by their intestate was premature. Code § 113-1526; Terry v. Fickett, 199 Ga. 30 (2) (33 S.E.2d 163).<...

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