Legal Opinion
Paul v. Bailey
Court of Appeals of Georgia
Decided April 7, 1964No. 40515PublishedCited by 13 opinions
1Opinion of the Court
Jordan, Judge.(a) The defendants demurred to count 1 of the petition on the ground that it did not set forth a cause of action for the reasons that (1) it was not alleged that the plaintiff’s property had been damaged and (2) it affirmatively appeared from the allegations of the petition that the act of excavation on which said cause of action was based was not the act of the defendants but of a third person, Mrs. Ester Ram. These demurrers were meritorious and should have been sustained.
“Owners of adjoining lands owe to each other the lateral support of the soil of each to that of the other…
2Cases cited7 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Atlanta Consolidated Street Railway Co. v. JacksonSupreme Court of Georgia · 1899
- Georgia Southern Railroad v. ReevesSupreme Court of Georgia · 1880
- Grant-Jeter Co. v. American Real Estate Co.Supreme Court of Georgia · 1924
- Collins v. LanierSupreme Court of Georgia · 1946
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- James Talcott, Inc. v. Roy D. Warren Commercial, Inc.Court of Appeals of Georgia · 1969
- Gladin v. Von EngelnSupreme Court of Colorado · 1978
- Jillson v. BartonCourt of Appeals of Georgia · 1976
- Oklejas v. WilliamsCourt of Appeals of Georgia · 1983
- Lee v. Takao Building Development Co.California Court of Appeal · 1985
8 more not listed; retrieve them via the Exa API.