Ambursen Hydraulic Construction Co. v. Northern Contracting Co.
Supreme Court of Georgia
Injunction. - Before Judge Jones. Eabun superior court. January 27, 1913. The Northern Contracting Company, a corporation of the State of New York, contracted with the Ambursen Hydraulic Construction Company, a corporation of the State of New Jersey, for the construction of a dam across the Tallulah river in Eabun county, Georgia.
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Injunction. - Before Judge Jones. Eabun superior court. January 27, 1913. The Northern Contracting Company, a corporation of the State of New York, contracted with the Ambursen Hydraulic Construction Company, a corporation of the State of New Jersey, for the construction of a dam across the Tallulah river in Eabun county, Georgia. The contract was entered into on June 27, 1912, and contains a provision that “the work herein embraced shall be wholly completed at a date not later than March 1st, 1913, time being of the essence hereof.” It is further covenanted that if at any time during the…
1Opinion of the CourtEvans, P. J.
(After stating tbe foregoing facts.) The genera] rule is well settled that the pendency of a suit in one State between the same parties and for the same cause of action furnishes no cause to stay or abate a new suit brought in a court of another State. Tarver v. Rankin, 3 Ga. 210; Chattanooga &c. R. Co. v. Jackson, 86 Ga. 676 (13 S. E. 109). The more common instance of the application of this rule is where the plaintiff in the first suit is also the plaintiff in the second action. The rule, however, is not limited to cases where the plaintiff in both suits is the same person. If each of the…
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- Engel v. ScheuermanSupreme Court of Georgia · 1869
- Gilmore v. BangsSupreme Court of Georgia · 1875
- Tarver v. RankinSupreme Court of Georgia · 1847
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