Foster v. Sutlive

Simmons, C. J.

1. When the assignee of a chose in action brings suit thereon, the petition should allege that the assignment was in writing; and a demurrer to the petition because of the want of such an allegation should have been sustained. Hartford Ins. Co. v. Amos, 98 Ga. 533, and cases cited.

2. The demurrer to the petition having been erroneously overruled, all occurring upon the trial was nugatory.

Judgment reversed.

All the Justices concurring.