Legal Opinion
Allen v. Landers
Court of Appeals of Georgia
Decided February 7, 1929No. 19020PublishedCited by 17 opinions
1Opinion of the CourtBell, J.
1. “That since the commencement of the pending suit the same plaintiff has brought suit for the same cause of action against another defendant, is not good ground for a plea in abatement nor for compelling the plaintiff to elect which action he will pursue.” Augusta & Summerville R. Co. v. Dorsey, 68 Ga. 228 (2). Nor will the prosecution of such second suit to a judgment in favor of the plaintiff estop him from proceeding with the first, where the judgment remains unsatisfied (Civil Code of 1910, § 5522; Booth v. Huff, 116 Ga. 8 (2), 42 S. E. 381, 94 Am. St. R. 98; Garrick v. Tidwell, 151 Ga.…
2Cases cited6 opinions
- Garrick v. TidwellSupreme Court of Georgia · 1921
- Augusta & Summerville Railroad v. DorseySupreme Court of Georgia · 1881
- McLendon Bros. v. FinchCourt of Appeals of Georgia · 1907
- Griffin Hosiery Mills v. United Hosiery MillsCourt of Appeals of Georgia · 1923
- Booth v. HuffSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lloyd Adams Inc. v. Liberty Mutual InsuranceSupreme Court of Georgia · 1940
- Edmondson v. HancockCourt of Appeals of Georgia · 1929
- United States Fidelity & Guaranty Co. v. ForresterSupreme Court of Georgia · 1973
- Merry Bros. Brick & Tile Co. v. JacksonCourt of Appeals of Georgia · 1969
- Harmon v. GivensCourt of Appeals of Georgia · 1953
12 more not listed; retrieve them via the Exa API.