Legal Opinion
Griffin Hosiery Mills v. United Hosiery Mills
Court of Appeals of Georgia
Decided December 10, 1923No. 14716PublishedCited by 30 opinions
1Opinion of the CourtJenkins, P. J.
1. “Where suit is brought against defendants who are only jointly liable, the plaintiff cannot dismiss as to one and proceed against the other, except in eases provided for by statute. But where suit is brought against two or more defendants alleged to be jointly liable, and the proof or' the pleadings show that there is no joint liability, the plaintiff may dismiss as to those who are not proper parties to the action.” Lippincott v. Behre, 122 Ga. 543 (1, 2) (50 S. E. 467); (Civil Code (1910), § 5688. Thus, it is not required^ as a prerequisite to a recovery, that both defendants shall be…
2Cases cited9 opinions
- Western Union Telegraph Co. v. GriffithSupreme Court of Georgia · 1900
- Donaldson v. CarmichaelSupreme Court of Georgia · 1897
- Lippincott & Co. v. BehreSupreme Court of Georgia · 1905
- Southern Express Co. v. PopeCourt of Appeals of Georgia · 1909
- Baker v. ThompsonSupreme Court of Georgia · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Lloyd Adams Inc. v. Liberty Mutual InsuranceSupreme Court of Georgia · 1940
- Giles v. SmithCourt of Appeals of Georgia · 1949
- Edmondson v. HancockCourt of Appeals of Georgia · 1929
- Pennsylvania Threshermen & Farmers Mutual Casualty Insurance v. HillCourt of Appeals of Georgia · 1966
- Harmon v. GivensCourt of Appeals of Georgia · 1953
25 more not listed; retrieve them via the Exa API.