Legal Opinion
Burson v. Shields
Supreme Court of Georgia
Decided July 16, 1925No. 4901PublishedCited by 23 opinions
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
The first six headnotes require no elaboration. •
As a general rule at common law, in an action against two defendants upon a joint contract, judgment can not be given against one defendant without the other. But this rule has been changed by statute in Georgia. If two or more defendants are sued upon a joint obligation, and it is made to appear on the trial that one or more are not liable and ought not to be joined in the action, the suit does not abate, but may proceed against the other defendant or defendants. Wooten v. Nall, 18 Ga. 609; Francis v.…
2Cases cited16 opinions
- Merritt v. BagwellSupreme Court of Georgia · 1883
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
- Austin v. ApplingSupreme Court of Georgia · 1891
- Heard v. Tappan & MerrittSupreme Court of Georgia · 1903
- Francis v. Dickel & Co.Supreme Court of Georgia · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Head v. LeeSupreme Court of Georgia · 1947
- Crider v. WoodwardSupreme Court of Georgia · 1926
- Shantha v. West Georgia National BankCourt of Appeals of Georgia · 1978
- Pressley v. JenningsSupreme Court of Georgia · 1971
- Barber v. Housing Authority of RomeSupreme Court of Georgia · 1939
18 more not listed; retrieve them via the Exa API.