Armuchee Pants Manufacturing Co. v. Juilliard & Co.
Court of Appeals of Georgia
Complaint; from city court of Floyd county — Judge Reece. May 19, 1913. A. D. Juilliard & Company brought suit in the city court of Floyd County against the Armuehee Pants Manufacturing' Company and Watters and Beam. A joint answer was filed and was amended, and on demurrer the court struck the answer.
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Complaint; from city court of Floyd county — Judge Reece. May 19, 1913. A. D. Juilliard & Company brought suit in the city court of Floyd County against the Armuehee Pants Manufacturing' Company and Watters and Beam. A joint answer was filed and was amended, and on demurrer the court struck the answer. At a subsequent term of the court the defendants moved to dismiss the petition, on the grounds that there was a misjoinder of defendants and of causes of action, and that the alleged contract of Watters and Beam was without consideration. The motion was overruled, and the court, on the…
1Opinion of the CourtRoan, J.
1. The court did not err in overruling the motion to dismiss the petition. No demurrer was filed before the trial term. The motion to dismiss was made at that term. Misjoinder of parties or of causes of action is a defect which should be taken advantage of by special demurrer filed at- the first term. Riley v. Royal Arcanum, 140 Ga. 178 (78 S. E. 803); Georgia Railroad & Banking Co. v. Tice, 124 Ga. 460 (52 S. E. 916, 4 Ann. Cas. 200) ; Bishop v. Woodward, 103 Ga. 281 (29 S. E. 968); Harrell v. Davis, 108 Ga. 789 (33 S. E. 852).
2. Did the court err in striking the 'answer as amended, and in…
2Cases cited6 opinions
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
- Riley v. Royal ArcanumSupreme Court of Georgia · 1913
- Savannah Ice Delivery Co. v. American Refrigerator Transit Co.Supreme Court of Georgia · 1900
- Bishop v. WoodwardSupreme Court of Georgia · 1898
- Harrell v. DavisSupreme Court of Georgia · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Price v. KetchumCourt of Appeals of Georgia · 1922
- Sealtest Southern Dairies Division v. EvansCourt of Appeals of Georgia · 1961
- Sealtest Southern Dairies Division v. EvansCourt of Appeals of Georgia · 1961