Legal Opinion

Western & Atlantic Railroad v. Third National Bank

Supreme Court of Georgia

Decided May 16, 1906PublishedCited by 29 opinions

Complaint. Before Judge Lumpkin. Fulton superior court. March 8, 1905.

1Opinion of the CourtCobb, P. J.

The Third National Bank of Atlanta brought an action against the Western and Atlantic Railroad Company. The material allegations in the petition will be found in the opinion rendered when the case was before this court on a former occasion. See Third National Bank v. W. & A. Railroad Co., 114 Ga. 890. The headnote in the case was in the following language: “When a plaintiff’s petition sets forth a particular state of facts and thereupon alleges liability on the part of the defendant, it must, if not challenged by demurrer, be treated as legally sufficient to support a recovery; and if the…

2Cases cited8 opinions

  1. Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
  2. Phillips v. Southern Railway Co.Supreme Court of Georgia · 1900
  3. Flewellen v. FlewellenSupreme Court of Georgia · 1901
  4. Southern Mutual Insurance v. HudsonSupreme Court of Georgia · 1902
  5. Third National Bank v. Western & Atlantic RailroadSupreme Court of Georgia · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Metropolitan Life Insurance v. SaulSupreme Court of Georgia · 1939
  2. Southern Bell Telephone & Telegraph Co. v. GlawsonSupreme Court of Georgia · 1913
  3. City of Atlanta v. SmithSupreme Court of Georgia · 1927
  4. Northwestern Mutual Life Insurance Co. v. SuttlesSupreme Court of Georgia · 1946
  5. Clements v. HollingsworthSupreme Court of Georgia · 1949

24 more not listed; retrieve them via the Exa API.

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