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O.C.G.A. § 9-2-30 — Substitution of plaintiff's spouse or others in action on chose in action assigned as year's support | Georgia Code

O.C.G.A. § 9-2-30 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 2. Actions Generally, 9-2-1 through 9-2-63.

ARTICLE 2 PARTIES

9-2-30. Substitution of plaintiff's spouse or others in action on chose in action assigned as year's support.

When a party plaintiff dies during litigation concerning any chose in action and the chose in action is assigned to the surviving spouse, the surviving spouse and children, or the children only of the decedent as any part of a year's support, the surviving spouse personally or for the use of the surviving spouse and the children, or, in the event of children only, a next friend for the children may be made a party plaintiff upon the same terms and in the same manner that administrators are made parties plaintiff to actions in favor of their intestate, upon the submission by the person to the court of a certified copy of the assignment; and the action shall proceed in the name of the parties so made.

(Ga. L. 1878-79, p. 148, § 1; Code 1882, § 3424a; Civil Code 1895, § 5022; Civil Code 1910, § 5604; Code 1933, § 3-407.)

JUDICIAL DECISIONS

Year's support may include any property right, equitable or legal, present or future interest, which the deceased owned at the time of death. Bennett v. Davis, 201 Ga. 58, 39 S.E.2d 3 (1946).

If a bond for title has been properly set apart, as a year's support to the widow and children of a decedent, an action cannot be maintained by the administrator to recover it. Winn v. Lunsford, 130 Ga. 436, 61 S.E. 9 (1908).

Cited in Betts v. Brown, 219 Ga. 782, 136 S.E.2d 365 (1964).

RESEARCH REFERENCES

C.J.S.

- 67A C.J.S., Parties, §§ 76, 77.

ALR.

- Right of next friend to compensation for services rendered to infant in the litigation, 9 A.L.R. 1537.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.