Legal Opinion
Holloway v. Dorsey
Court of Appeals of Georgia
Decided January 17, 1945No. 30679PublishedCited by 4 opinions
1Opinion of the CourtGardner, J.
It will be noted that the plaintiff in his petition asked for no damage. lie asked only for a restraining order against a continuing trespass. This is the extent of the plaintiff's suit. The allegations in it as to the former relationship are merely allegations of inducement. The defendant’s plea alleged a cause of action arising ex contractu. Our understanding of the law is that a claim arising ex contractu can not be asserted against the opposite party's ex delicto action, and vice versa, except where the opposite party is either a non-resident or insolvent. Standhardt v. Hardin, 145 Ga.…
2Cases cited8 opinions
- Arnold v. CarterSupreme Court of Georgia · 1906
- Ransone v. ChristianSupreme Court of Georgia · 1872
- Potts-Thompson Liquor Co. v. Capital City Tobacco Co.Supreme Court of Georgia · 1912
- Strickland v. Bank of CartersvilleSupreme Court of Georgia · 1914
- Standhardt v. HardinSupreme Court of Georgia · 1916
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3Cited by4 opinions
- Rogers v. Miller Peanut CompanySupreme Court of Georgia · 1945
- Georgia MacHinery Company, Inc. v. Auburn MacHine Works, Inc.Court of Appeals of Georgia · 1961
- Rogers v. Miller Peanut CompanyCourt of Appeals of Georgia · 1945
- Harris v. RobertsonCourt of Appeals of Georgia · 1958