[DOWNLOAD] "Lucas Et Al. v. Neidlinger" by Supreme Court of Georgia # Book PDF Kindle ePub Free

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eBook details

• Title: Lucas Et Al. v. Neidlinger
• Author : Supreme Court of Georgia
• Release Date : January 10, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Earl F. Neidlinger filed, in the Superior Court of Chatham County, Georgia, an equitable action for a writ of discovery, against James E. Lucas and James E. Lucas, Jr. His petition alleges substantially: that defendants are residents of said State and county; that on April 7, 1953, about 3:30 p.m., on Pennsylvania Avenue near Texas Avenue, in Savannah, Chatham County, Georgia, plaintiff was the owner of a described automobile, being driven by Mrs. Hazel Neidlinger north on the east side of Pennsylvania Avenue; and when plaintiff's vehicle neared the intersection of Pennsylvania and Texas Avenues, Mrs. Neidlinger saw another described automobile, driven by James E. Lucas, Jr., coming toward her, which kept edging over to her side of the road, and she slowed down and was completely stopped on her side of the road when plaintiff's vehicle was struck by defendant's automobile; that the defendant Lucas, Jr., is a minor and is the son of the defendant Lucas, Sr.; that plaintiff brings this action for discovery of and from the defendants of full information and knowledge concerning the described automobile driven by defendant Lucas, Jr., as follows: (a) the true and lawful ownership of said property; (b) whether it was paid for by one or more of defendants individually and personally, or by someone else; (c) how long it has been owned by either or both of defendants and when they purchased it; (d) from whom it was purchased; (e) if anything is owing on it at present and, if so, to whom and how much; (f) other pertinent information relative to the ownership of said vehicle; (g) where defendant Lucas, Jr., had been and where was he going at the time of the accident; and (h) other pertinent information relative to said trip. It was further alleged that the discovery sought is relevant, material, and necessary to plaintiff in order for him to bring his suit against the proper parties or party to recover damages for the injury to his automobile, said suit to be brought upon securing the information herein requested; that this proceeding is ancillary to the suit for damages to be brought by plaintiff against defendants; that the information and facts sought are necessary, beneficial, and material to plaintiff's suit for damages to be brought against defendants, and are peculiarly within the knowledge of defendants, and unknown to plaintiff; that plaintiff is unable to ascertain or prove such facts and information without resort to the conscience of defendants; and that plaintiff has no adequate and complete remedy at law.

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