McArthor v. Ogletree
Court of Appeals of Georgia
Action upon bond, from city court of Atlanta — Judge Reid. January 27, 1908. McArthor and the other plaintiffs were the owners of a building occupied by tenants, in the city of Atlanta. Desiring to have the building remodeled and enlarged, they employed one McGilvray, as contractor, to do the work. In his contract McGilvray agreed to be responsible for any damage done to other persons through the construction of the work and to hold the property owners harmless.
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Action upon bond, from city court of Atlanta — Judge Reid. January 27, 1908. McArthor and the other plaintiffs were the owners of a building occupied by tenants, in the city of Atlanta. Desiring to have the building remodeled and enlarged, they employed one McGilvray, as contractor, to do the work. In his contract McGilvray agreed to be responsible for any damage done to other persons through the construction of the work and to hold the property owners harmless. The price of the work was increased by reason of the fact that the building was occupied by tenants and that the contractor agreed…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
Section 5234 of the Civil Code, which provides, “Where a defendant may have a remedy over against another, and vouches him into court, by giving notice of the pendency of the suit, the judgment rendered therein will be conclusive upon the party vouched, as to the amount and right of the plaintiff to recover,” is merely declaratory of the principle announced by the Supreme Court in the case of Western & Atlantic R. Co. v. Atlanta, 74 Ga. 774; and the language of that decision is an almost literal adaptation of what is said by the Supreme Court of the United…
2Cases cited6 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Western & Atlantic Railroad v. City of AtlantaSupreme Court of Georgia · 1885
- McArthor v. McGilvrayCourt of Appeals of Georgia · 1907
- Bullock v. WinterSupreme Court of Georgia · 1851
- Holley v. WallaceSupreme Court of Georgia · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.Court of Appeals of Georgia · 1970
- Raleigh & Gaston Railroad v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1909
- Southern Railway Co. v. Acme Fast Freight Inc.Supreme Court of Georgia · 1942
- Byne v. Mayor of AmericusCourt of Appeals of Georgia · 1909
- Usry v. Hines-Yelton Lumber Co.Supreme Court of Georgia · 1933
16 more not listed; retrieve them via the Exa API.