COLEMAN v. WALDEN

39041.

104 Ga. App. 661 (1961)

122 S.E.2d 757

COLEMAN v. WALDEN.

Court of Appeals of Georgia.

Rehearing Denied October 18, 1961.


Attorney(s) appearing for the Case

Smith, Field, Ringel, Martin & Carr, Palmer H. Ansley, for plaintiff in error.

N. Forrest Montet, Roscoe Pickett, contra.


FELTON, Chief Judge.

Since the matter raised by the plea did not appear upon the face of the petition, the plea was the proper method of raising the issue, and therefore it alone need be ruled upon. It was stipulated that Marion W. Coleman was the daughter of the plaintiff and was the daughter of the deceased, O. M. Walden. Code § 105-1302 provides that: "A widow, or, if no widow, a child or children, minor or sui juris, may recover from the homicide of...

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