McElmurray v. Harris, 43 S.E. 987 (Ga. 1903). · Go Syfert
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McElmurray v. Harris, 43 S.E. 987 (Ga. 1903). Cases Citing This Book View Copy Cite
28 citation events (1 in the last 25 years) across 6 distinct courts.
Strongest positive: Wages v. National Surety Co. (ga, 1935-04-12)
Treatment trajectory · 1912 → 2026 · click a year to view as-of
1912 1969 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited "see" Wages v. National Surety Co.
Ga. · 1935 · signal: see · confidence high
See McElmurray v. Harris, 117 Ga. 919 ( 43 S. E. 987 ); McEachern v. Edmondson, 123 Ga. 80 ( 49 S. E. 798 ).
discussed Cited "see, e.g." Levenson v. Word
Ga. · 2009 · signal: see also · confidence low
See also McElmurray v. Harris, 117 Ga. 919 ( 43 SE 987 ) (1903) and Willis v. Burch, 116 Ga. 374 ( 42 SE 718 ) (1902), superseded by statute on other grounds; Graham v. Frazier, 82 Ga. App. 185 (5) ( 60 SE2d 833 ) (1950) (a plaintiff may maintain an action to recover converted property even though the alleged conversion took place prior to the time plaintiff acquired his interest in the converted property where plaintiff can prove that he succeeded to all of the rights and remedies of the person who had possession or an immediate right to possession of the converted property at the time of the…
cited Cited "see, e.g." Anthony v. Anthony
Ga. · 1976 · signal: see also · confidence low
See also McGarrah v. Bank of Southwestern Ga. 117 Ga. 556 ( 43 SE 987 ) (1903); Saliba v. Saliba, 201 Ga. 681 (2) ( 40 SE2d 732 ) (1946).
cited Cited "see, e.g." Bleckley v. Bleckley
Ga. · 1939 · signal: see also · confidence low
See also McGarrah v. Bank of Southwestern Georgia , 117 Ga. 556 ( 43 S.E. 987 ). 2.
cited Cited "see, e.g." Bleckley v. Bleckley
Ga. · 1939 · signal: see also · confidence low
See also McGarrah v. Bank of Southwestern Georgia, 117 Ga. 556 ( 43 S. E. 987 ).
Retrieving the full opinion text from the archive…
McElmurray
v.
Harris
Supreme Court of Georgia.
Apr 8, 1903.
43 S.E. 987
1903 Ga. LEXIS 391
Hardeman & Moore, for plaintiff in error., M. G. Bayne, contra..
Cited by 14 opinions  |  Published

Candler, J. The right to sue in an action of trover is in the party in whom the

title to the personalty was at the time of the conversion. Willis v. Burch, 116 Ga. 375. Where such party sues in trover for the use of another, the name of the usee may he treated as surplusage. Mitchell v. R. Co., 111 Ga. 771; Willis v. Burch, supra. Accordingly, where one who has the legal right "brings an action of trover, and pending the action sells the property to another ; and where, without objection, the plain tiff amends his petition so as to make it a suit for the use of his vendee, the sale of the property does not defeat his right to recover, and the allowance, without objection, of the unnecessary amendment, will not invalidate the verdict and judgment in his favor. See Wood v. McGuire, 21 Ga. 576 ; Suwanee Co. v. Baxter, 109 Ga. 600.

Judgment affirmed.

By fine Justices.