Legal Opinion

Kalin v. Pfarner

Court of Appeals of Georgia

Decided October 5, 1971No. 46396PublishedCited by 16 opinions

1Opinion of the Court

Whitman, Judge.

The plaintiff-appellant appeals from an order granting defendant’s motion to dismiss. The appeal arises from a complaint filed in the State Court of Cobb County on February 18, 1971, on a promissory note.

The defendant’s motion to dismiss was made upon two grounds. The first ground was that there had been a suit on the same note filed on June 10, 1963, in the Superior Court of Cobb County, which suit was automatically dismissed by virtue of Section 41 (e) of the Civil Practice Act (Ga. L. 1966, pp. 609, 654; Code Ann. § 81A-141(e)), there having been no order taken in the case…

2Cases cited3 opinions

  1. O'KELLEY v. AlexanderSupreme Court of Georgia · 1969
  2. City of Chamblee v. Village of North AtlantaSupreme Court of Georgia · 1962
  3. Freeman v. EhlersCourt of Appeals of Georgia · 1963

3Cited by16 opinions

  1. Maxey v. CovingtonCourt of Appeals of Georgia · 1972
  2. Goodwyn v. CarterCourt of Appeals of Georgia · 2001
  3. Trice v. HowardCourt of Appeals of Georgia · 1974
  4. Jernigan v. CollierCourt of Appeals of Georgia · 1974
  5. Krasner v. Verner Auto Supply, Inc.Court of Appeals of Georgia · 1974

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