Troup v. Martin
Supreme Court of Georgia
Complaint. Before Judge Crum. Ben Hill superior court. July 26, 1923. As originally brought the suit by Martin et- al. sought a judgment against .Pearlie Troup and J. C. Troup for the principal amount, and ten per cent, of principal and interest as attorney’s fees, upon a promissory note executed by Pearlie Troup to J. C. Troup, and alleged to have been, transferred to petitioners before maturity for a valuable consideration.
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Complaint. Before Judge Crum. Ben Hill superior court. July 26, 1923. As originally brought the suit by Martin et- al. sought a judgment against .Pearlie Troup and J. C. Troup for the principal amount, and ten per cent, of principal and interest as attorney’s fees, upon a promissory note executed by Pearlie Troup to J. C. Troup, and alleged to have been, transferred to petitioners before maturity for a valuable consideration. The answer of the defendants set up, that at the time of transfer to the petitioners the note was the property of J. C. Troup; that it was transferred in payment for á…
1Opinion of the CourtGilbert, J.
The Civil Code (1910),- § 5688, declares that “When two or more persons sne or are sued in the same action, either on a contract or for a tort, the plaintiff may amend his declaration by striking out one or more of such defendants, and proceed against the remaining defendant- or defendants, if there is no other legal difficulty in the case.” This section is cited by the defendant in, error as authority for the judgment allowing the amendment striking one of the defendants as a party, and striking the answers of both defendants, and rendering judgment on the notes sued upon in favor of the…
2Cases cited6 opinions
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Becker v. DonalsonSupreme Court of Georgia · 1910
- Lacher v. ManleySupreme Court of Georgia · 1913
- Pearson v. CoursonSupreme Court of Georgia · 1907
- DeLay v. LatimerSupreme Court of Georgia · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Moore v. Atlanta Joint Stock Land BankSupreme Court of Georgia · 1933
- Terry v. EllisSupreme Court of Georgia · 1940
- Horton v. HarveySupreme Court of Georgia · 1963
- Jackson v. MathisCourt of Appeals of Georgia · 1926