123 Ga. 122 | Ga. | 1905
(After stating the facts.) Irrespective of the question whether or not the petition as finally amended set forth a state of facts showing that Stanley was entitled to have the judgment rendered against him in the suit for alimony set aside, the judgment of the trial, court dismissing the action should be affirmed, for the reason that no offer was made to meet the objec
Where one can not, except under' special circumstances, maintain a suit in his own behalf or for the benefit of another, it is incumbent upon him to disclose the facts giving him a right to bring the action. Thus, before the heirs at law of an intestate can recover land belonging to his estate, they must allege and prove either that there was no administration upon the estate or that the administrator, if there be one, has assented to their bringing thé suit (Greenfield v. McIntyre, 112 Ga. 691); and if they
In view of the conclusion above announced, it is unnecessary to deal with either the general demurrer or the several other grounds of the special demurrer. The judgment dismissing the action is affirmed, because of the failure of Mrs. Nancy Rusk to make it appear to the court that she had authority to institute the action in behalf of James E. Stanley, irrespective of the question whether or not the petition set forth a cause of fiction, and without prejudice to him should suit be subsequently brought in his behalf by a person authorized to institute and maintain the action.
Judgment affirmed.