Legal Opinion

Davis v. Perkins

Supreme Court of Georgia

Decided January 11, 1934No. Nos. 9741, 9742PublishedCited by 3 opinions

1Opinion of the Court

Russell, O. J.

(After stating the foregoing facts.) The Civil Code (1910), § 4588, declares: “In cases of joint, or of joint and several, or of several liabilities of two or more persons, where all are equally bound to bear the common burden, and one has paid more than his share, he is entitled to contribution from the others; and whenever the circumstances are such that an action at law will not give a complete remedy, equity may entertain jurisdiction.” Section 3654 of the Code applies solely to sureties, and therefore has no application in this case, as it appears from the pleadings that…

2Cases cited4 opinions

  1. Lorimer v. Julius Knack Coal Co.Michigan Supreme Court · 1929
  2. Owen v. McGeheeSupreme Court of Alabama · 1878
  3. Reel v. CombesOhio Court of Appeals · 1927
  4. Livingston v. FalkAppellate Division of the Supreme Court of the State of New York · 1926

3Cited by3 opinions

  1. Bobby D. Moore, Individually and as of the Estate of L. T. Moore, Deceased v. Mrs. Jimmie F. LindseyCourt of Appeals for the Fifth Circuit · 1981
  2. Ragsdale v. Bank South, N.A. (In Re Whitacre Sunbelt, Inc.)United States Bankruptcy Court, N.D. Georgia · 1997
  3. Horton v. Continental Casualty CompanySupreme Court of Georgia · 1945

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