Bird v. Trapnell
Supreme Court of Georgia
Equitable petition. Before Judge Hardeman. Candler superior court. November 7, 1917. (See 147 Ga. 50, 92 S. E. 872.)’ Josiah Bird brought ejectment against J. D. Bird, J. A. Wood-ward, and J. A. Woodward as administrator of the estate of Sarah E. Woodward, on November 23, 1914, to recover a certain tract of land in Bulloch county.
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Equitable petition. Before Judge Hardeman. Candler superior court. November 7, 1917. (See 147 Ga. 50, 92 S. E. 872.)’ Josiah Bird brought ejectment against J. D. Bird, J. A. Wood-ward, and J. A. Woodward as administrator of the estate of Sarah E. Woodward, on November 23, 1914, to recover a certain tract of land in Bulloch county. After the filing of the suit Candler county was established, and the suit was transferred from Bulloch to Candler superior court, where it is now pending. Thereafter Josiah Bird filed an equitable petition to the February term, 1915, of Candler superior court, for…
1Opinion of the Court
Pee Curiam.
1. In order for the pendency of a former suit to be the basis of a plea in abatement to a subsequent suit, both suits must be for the same cause of action and between the same parties. Consequently, where ejectment was brought against certain defendants, and pending the suit in the same court an equitable petition was brought by the same plaintiff against one of the same defendants, and two others who were privies in estate to him, for specific performance of a parol contract alleged to have been entered into between the plaintiff and the intestate of one of the defendants, whereby…
2Cited by8 opinions
- Bird v. TrapnellSupreme Court of Georgia · 1920
- Jones v. Rich's Inc.Court of Appeals of Georgia · 1950
- Watts v. KundtzCourt of Appeals of Georgia · 1973
- Fambrough v. FambroughSupreme Court of Georgia · 1952
- Hines v. MooreSupreme Court of Georgia · 1929
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