123 Ga. 254 | Ga. | 1905
(After stating the facts.) This ease has been twice before the Supreme Court. Jackson v. Miles, 94 Ga. 484 Jackson v. Miles, 98 Ga. 512. The record now before us makes no reference to the former adjudications, but is brought up as if it were here for the first time. Whether the court correctly rejected the amendment or not is immaterial, if a nonsuit was rightly grauted because the plaintiff was not entitled to maintain the action. .The Civil Code, §3355, par. 1, provides that “Upon the death of the husband, without lineal descendants, the wife is his sole heir, and upon the payment of his debts, if any, may
The plaintiff showed by her own evidence that at the time she brought the action she was not authorized to do so by section
Judgment affirmed.