Train v. Emerson
Supreme Court of Georgia
Complaint. Before Judge Charlton. Chatham superior court. January 23, 1911. (See 134 Ga. 589.)
1Opinion of the CourtAtkinson, J.
1. As a general rule, separate counts in a petition are to be treated as if they set out separate causes of action. Allegations from one count can not be imported into another, either for the purpose of sustaining or destroying it, unless the pleading, though in form containing two counts, in substance and in fact contains but one.
2. Where a petition contains two counts, one setting forth a cause of action against the indorser upon a promissory note, and another setting forth a cause of action against him based upon an alleged arbitration and award, if one of such counts is insufficient it…
2Cases cited1 opinion
- Train v. EmersonSupreme Court of Georgia · 1910
3Cited by15 opinions
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Jones v. LawmanCourt of Appeals of Georgia · 1937
- MILLICAN ELECTRIC CO. INC. v. FisherCourt of Appeals of Georgia · 1960
- Porter v. Southern Railway CompanyCourt of Appeals of Georgia · 1946
- James v. Dayton Rubber Manufacturing Co.Court of Appeals of Georgia · 1938
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