FULLER v. BOOTH

43658.

118 Ga. App. 685 (1968)

165 S.E.2d 318

FULLER, Administrator v. BOOTH.

Court of Appeals of Georgia.

Decided November 20, 1968.


Attorney(s) appearing for the Case

Gilbert & Carter, Fred A. Gilbert, for appellant.

William T. Brooks, Charles B. Webb, for appellee.


WHITMAN, Judge.

A deceased person cannot be a party to a legal proceeding. But the only effect of death is to suspend the action as to the decedent until his legal representative is substituted as a party, assuming of course a pending action where the cause of action survives. Code § 3-501.

While an application for substitution of the legal representative, under the procedure available (Code §§ 3-402, 3-404) when the defendant...

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