Killen v. Compton
Supreme Court of Georgia
Pleadings. Former recovery. Practice in the Superior Court. Before Judge Kiddoo. Terrell Superior Court. May Term, 1876. A report of this case is unnecessary.
1Opinion of the Court
Bleckley, Judge.
We have never read or heard of a motion likathis. Former recovery is matter for plea in bar, or, under the Code, in abatement: Code, section 3476. Doubtless, if it appeared on the face of the declaration, it might be taken by demurrer, or, since the Code, by motion: section 3459. But here there is no trace of it in the plaintiff’s pleadings. It is brought forward by the defendant; and he presents it, not by plea of any kind, but by way of written motion to dismiss the action at the appearance term. His counsel cites as authority Kimbro & Morgan vs. Virginia and Tennessee Air…
2Cited by6 opinions
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- Peterson v. LottSupreme Court of Georgia · 1946
- Minnesota Lumber Co. v. Hobbs & LivingstonSupreme Court of Georgia · 1905
- Palmer v. JacksonSupreme Court of Georgia · 1939
- Williams v. Metropolitan Home Improvement Co.Court of Appeals of Georgia · 1964
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