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McMAHAN v. BEACH

278 S.W.2d 680 (1955)

Mrs. Elizabeth McMAHAN, Administratrix of Roy McMahan, Deceased, v. William O. BEACH, Administrator of Sam Sczygiel, Deceased.

Supreme Court of Tennessee.

April 7, 1955.

Attorney(s) appearing for the Case

Goodpasture, Carpenter & Dale, Nashville, Goodlett & Goodlett, Clarksville, for appellant.

Appellee not represented by Counsel.

TOMLINSON, Justice.

Roy McMahan and Sam Sczygiel were killed when their respective automobiles collided in a traffic accident. The widow of McMahan, as his administratrix, instituted a tort action for damages against Beach, as administrator of Sczygiel. Beach, administrator, pleaded in abatement that the suit was commenced within less than six months after the issuance of letters of administration. The trial court sustained this plea after overruling the demurrer...

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