Daniels v. Booker
Court of Appeals of Georgia
Complaint; from city court of Blakely—Judge Sheffield. August 22, 1918.
1Opinion of the CourtJenkins, J.
1. A petition, is duplicitous where it seeks to join in the same count an. action for damages occasioned hy the breach or partial breach by defendant of a written contract, together with, an action on open account; and, while it may be good as against a general demurrer, it will not stand as against a special demurrer pointing out such defect. Harris v. Wilcox,. 7 Ga. App. 121 (66 S. E. 380); Hillside Cotton Mills v. Ellis, 23 Ga. App. 45 (4) (97 S. E. 459), and cases there cited.
2. After the petition in this case had been amended so as to set forth the two causes of action in separate and…
2Cases cited15 opinions
- Lydia Pinkham Medicine Co. v. GibbsSupreme Court of Georgia · 1899
- Anderson v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1905
- Davis v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1898
- Thornton v. JacksonSupreme Court of Georgia · 1907
- Hillside Cotton Mills v. EllisCourt of Appeals of Georgia · 1918
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Rieves v. SmithSupreme Court of Georgia · 1937
- Lovell v. DrakeCourt of Appeals of Georgia · 1939
- Broyles v. HaasCourt of Appeals of Georgia · 1934
- Sinclair Refining Co. v. ScottCourt of Appeals of Georgia · 1939
3 more not listed; retrieve them via the Exa API.