Georgia Investment Co. v. Norman

Nichols, Justice.

The question presented by this appeal is whether the Civil Practice Act and particularly section *16123 of such Act, Ga. L. 1966, pp. 609, 632 (Code Ann. §81A-123) permits class actions, where the rights of the alleged class are not derivative and are not joint rights, but are merely common in that there are common questions of law or fact involved and a common relief is sought.

The Federal Rules of Civil Procedure, from which the Georgia Civil Practice Act was patterned, expressly provided in Rule 23 (a) (3) for such actions, but the General Assembly in adopting the Georgia Civil…