DocketNumber: 19195
Citation Numbers: 39 Ga. App. 624
Judges: Jenkins
Filed Date: 4/12/1929
Status: Precedential
Modified Date: 1/12/2023
(After stating the foregoing facts.) “The doctrine is well settled that where there are two administrators, one can not maintain an action alone” (Harrington v. Roberts, 7 Ga. 510, 511); the general rule being that where joint authority is given to any number of persons, or officers, it must be exercised by a majority of them, unless it is otherwise declared. Civil Code (1910), § 4 (5). binder the rule thus stated, while the institution of the motion for new trial in the court below, originally joined in by all the administrators, was legal, it can not proceed on its own momentum, and in order for it to be maintained there must continue to be a legal plaintiff in error. A majority of the representatives of the estate being necessary to make a party, the proceeding falls for the lack of a plaintiff in error when less than