Marbut v. Southern Railway Co.
Court of Appeals of Georgia
Action for breach of contract; from Fulton superior court— Judge Bell. September 22, 1917. Marbut brought suit against the Southern Railway Company and Atlanta Lodge No. 354, Brotherhood Railway Carmenjof America. The defendants filed separate, but identical demurrers to the petition.
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Action for breach of contract; from Fulton superior court— Judge Bell. September 22, 1917. Marbut brought suit against the Southern Railway Company and Atlanta Lodge No. 354, Brotherhood Railway Carmenjof America. The defendants filed separate, but identical demurrers to the petition. In the first and third paragraphs of these demurrers it was contended that no-cause of action was set out, and that the matters and things alleged in the petition deprived the plaintiff of the right to maintain a cause of action against the defendants. The second paragraph is that “there is no joint cause of…
1Opinion of the Court
Harwell,
(After stating the foregoing facts.) The question in this case is, did the court err in disallowing the amendment offered by the plaintiff, striking the brotherhood as a defendant, and in sustaining the motion to dismiss the suit. The court had passed an order sustaining certain demurrers of the defendants, one of which was that there was no joint cause of action against the defendants, and giving the plaintiff a certain length *332of time in which to amend, this time being extended by order of. the court. The plaintiff, within the time allowed, tendered an amendment, which was allowed by…
2Cases cited7 opinions
- Clark v. GansonSupreme Court of Georgia · 1916
- Miller v. Southern Railway Co.Court of Appeals of Georgia · 1917
- Blackwell v. Ramsey-Brisben Stone Co.Supreme Court of Georgia · 1906
- Waller & Co. v. ClarkeSupreme Court of Georgia · 1909
- Lovelace v. BrowneSupreme Court of Georgia · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Howell v. Fulton Bag & Cotton MillsSupreme Court of Georgia · 1939
- Davis v. Farmers & Traders BankCourt of Appeals of Georgia · 1927
- Atlantic Refining Co. v. PeersonCourt of Appeals of Georgia · 1923
- Thomas v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1919
4 more not listed; retrieve them via the Exa API.