West v. Mathews (1961)
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· 5 citation events
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Dammarell v. Islamic Republic of Iran (2005)
Nevertheless, the non-abatement statute, by its own terms, applies only if “there is no right of survivor-ship in any other person.” Ga.Code Ann. § 9-2-41; see also West v. Mathews, 104 Ga.App. 57 , 121 S.E.2d 41, 43 (1961) (“[I]t was the clear intention of the legislature that ... a cause of action would survive to the personal representative where there was no right of survivorship in any other person.”).
“[I]t was the clear intention of the legislature that ... a cause of action would survive to the personal representative where there was no right of survivorship in any other person.”
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Hosley v. Davidson (1993)
As part of Chapter 4 (wrongful death actions) of Title 51 (torts), it provides in pertinent part: “When there is no person entitled to bring an action for the wrongful death of a decedent under Code Section 51-4-2 or 51-4-4, the administrator or executor of the decedent may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin.” Nor did Caylor consider West v. Mathews, 104 Ga. App. 57, 61 ( 121 SE2d 41 ) (1961), where a mother a…