Legal Opinion

Carter v. Solomon

Court of Appeals of Georgia

Decided November 14, 1936No. 25517PublishedCited by 5 opinions

1Opinion of the CourtBroyles, C. J.

1. A plea in abatement is a plea “which goes to abate the plaintiff’s action, that is, to suspend or put it off for the present;” while a plea in bar is one “which goes to bar the plaintiff’s action; that is, to defeat it absolutely and entirely.” Black’s Law Dictionary, 901, and eit.

2. Under the provisions of the trade-name registration act of 1929 (Ga. L. 1929, p. 233), embodied in the Code, §§ 106-301-106-304, and the rulings thereon of the Supreme Court and this court, where a person or corporation brings suit for services rendered or work done, the defendant, in his answer or amended…

2Cases cited4 opinions

  1. Dunn & McCarthy Inc. v. PinkstonSupreme Court of Georgia · 1934
  2. Prater v. Larabee Flour Mills Co.Supreme Court of Georgia · 1935
  3. Constitution Publishing Co. v. LyonCourt of Appeals of Georgia · 1936
  4. Mobley v. BaileyCourt of Appeals of Georgia · 1936

3Cited by5 opinions

  1. Parrish v. StateCourt of Appeals of Georgia · 1981
  2. Shaheen v. KikerCourt of Appeals of Georgia · 1962
  3. Spell v. StateCourt of Appeals of Georgia · 1969
  4. Kinetic Concepts, Inc. v. Kinetic Concepts, Inc.District Court, N.D. Georgia · 1985
  5. Parrish v. StateCourt of Appeals of Georgia · 1981

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