Long v. Stanford
| Decision Date | 22 February 1911 |
| Citation | 135 Ga. 823,70 S.E. 645 |
| Parties | LONG. v. STANFORD. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
Venue (§ 18*) — Place of Trial — Action Against Administrator.
The venue of, a suit by a creditor of an intestate person against the administrator is the county of the defendant's residence, and not the county of the administrator's appointment, where the administrator resides in a different county.
[Ed. Note.—For other cases, see Venue, Cent. Dig. § 32; Dec. Dig. § 18.*] Error from Superior Court, Whitfield County; A. W. Fite, Judge.
Action by J. H. Long against John Stanford, administrator of Ann Stanford. Judgment of dismissal, and plaintiff brings error. Affirmed.
W. E. Mann, for plaintiff in error.
Maddox, McCamy & Shumate, for defendant in error.
EVANS, P. J. Ann Stanford, a resident of Whitfield county, died intestate, and the court of ordinary of that county issued letters of administration on her estate to John Stanford, who was at the time and still is a resident of Bartow county. J. H. Long instituted a suit in the superior court of Whitfield county against the administrator, to recover certain indebtedness alleged to be due the plaintiff by the defendant's intestate. The administrator filed a plea to the jurisdiction of the court, on the ground of his residence in Bartow county. The foregoing facts were admitted by the pleadings, and the court sustained the plea and dismissed the action.
The action was properly dismissed. The Constitution of this state requires that all civil cases, except divorce cases, cases respecting the titles to land, suits against joint obligors, joint promisors, copartners, or joint trespassers, and makers and indorsers of notes, bills of exchange, or like instruments, shall be tried in the county where the defendant resides. Civil Code 1910, §§ 6538, 6543. The suit does not fall within any of the excepted cases, and is against a sole defendant, who does not reside in the county where the suit was brought, but in another county. The venue of such a suit is the county of the defendant's residence. It makes no difference that he is sued as administrator, or that he was appointed administrator by the court of ordinary of the county where the suit is brought. The suit is against the defendant, though he is sought to be made liable only as administrator.
The case of Usury v. Usury, 82 Ga. 198, 8 S. E. 60, does not conflict with this ruling. There a guardian who resided in Glascock county applied to the court of...
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Tufts v. Threlkeld, (No. 14720.)
...suable in the county of her own residence without regard to the residence of the decedent whose estate she represented. Long v. Stanford, 135 Ga. 823, 70 S. E. 645; Lively v. Ward, 23 Ga. App. 805, 807, 99 S. E. 632. We come now to the question whether or not the averments of the suit would......
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Baker v. Puckett
... ... The suit is against the ... defendant, though he is sought to be made liable only as ... administrator." Long v. Stanford, 135 ... Ga. 823, 70 S.E. 645 ... This ... suit is against the defendant, and, although he is sought to ... be ... ...
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Keller v. Bank of Orangeburg
...rejected. See Baker v. Puckett, 182 Ark. 265, 31 S.W.2d 286 (1930); Thompson v. Wood, 115 Cal. 301, 47 P. 50 (1896); Long v. Stanford, 135 Ga. 823, 73 S.E. 645 (1911). Although the Dowdy case and the West Virginia cases, relied upon by the Bank, dealt with individual fiduciaries, the Bank a......
- Long v. Stanford