Legal Opinion

Daugherty v. Summerall

Court of Appeals of Georgia

Decided March 14, 1941No. 28720PublishedCited by 2 opinions

1Opinion of the CourtStephens, P. J.

(After stating the foregoing facts.) Where two defendants, one a resident of the county in which the suit is filed, and the other a non-resident of the county, are sued jointly as tort-feasors, the court has jurisdiction of both, including jurisdiction of the non-resident defendant, if both are in fact joint tort-feasors. If, however, there is no liability against the resident defendant, he is necessarily, not a joint tort-feasor with the nonresident defendant; and the court, as respects the person of the non-resident defendant, has no jurisdiction. Peake v. Stovall, 50 Ga. App. 595, 597 (179…

2Cases cited3 opinions

  1. Noonan v. Great Atlantic & Pacific Tea Co.Supreme Court of New Jersey · 1927
  2. Davis v. Waycross Coca-Cola Bottling Co.Court of Appeals of Georgia · 1939
  3. Peake v. StovallCourt of Appeals of Georgia · 1935

3Cited by2 opinions

  1. Byrd v. Moore Ford CompanyCourt of Appeals of Georgia · 1967
  2. Evans v. GarrettCourt of Appeals of Georgia · 1945

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