Herring v. Smith
Supreme Court of Georgia
Equitable petition. Before Judge Meadow. Oglethorpe superior court. October 4, 1913.
1Opinion of the CourtBumpkin, J.
1. In a petition to compel specific performance of a written contract in regard to land, allegations tending to show that the contract sought to be enforced was obtained by fraud or duress were demurrable.
2.1A cause of action arising ex contractu and one arising ex delicto can not be joined in the same suit. Wolff v. Southern Ry. Co., 130 Ga. 251 (60 S. E. 569).(as) An action for malicious abuse of legal process arises ex delicto; and an amendment to a petition based in part on such a cause of action, which merely seeks to claim that damages are asked on that accoupt as for a breach of…
2Cases cited3 opinions
- Wolff v. Southern Railway Co.Supreme Court of Georgia · 1908
- McClaren v. WilliamsSupreme Court of Georgia · 1909
- Willis v. GalbreathSupreme Court of Georgia · 1902
3Cited by18 opinions
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Peoples Loan Company v. AllenSupreme Court of Georgia · 1945
- Arnold v. WaltonSupreme Court of Georgia · 1949
- Peoples Loan Co. v. AllenSupreme Court of Georgia · 1945
- Rivers v. BrownSupreme Court of Georgia · 1945
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