Legal Opinion
Powell v. Barker
Court of Appeals of Georgia
Decided October 16, 1957No. 36883PublishedCited by 17 opinions
1Opinion of the CourtTownsend, J.
Contribution between joint tortfeasors was not allowed at common law on the theory that the law would not aid those who were in pari delicto. Our Code, § 105-2012, provides: “If judgment is entered jointly against several trespassers, and is paid off by one, the others shall be liable to him for contribution.” Under this Code section, which gives a new statutory right, it would appear that a defendant is entitled to contribution from his codefendants when these two elements exist—that is, that the judgment has been entered against both and that it has actually been paid by one in an amount…
2Cases cited11 opinions
- Southern Railway Co. v. CombsSupreme Court of Georgia · 1906
- Southern Railway Co. v. HoganSupreme Court of Georgia · 1908
- Southern Railway Co. v. City of RomeSupreme Court of Georgia · 1934
- Doby v. W. L. Florence Construction Co.Court of Appeals of Georgia · 1944
- Payne v. State Highway CommissionSupreme Court of Kansas · 1932
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Union Camp Corp. v. HelmySupreme Court of Georgia · 1988
- Johnson v. JacksonCourt of Appeals of Georgia · 1976
- Anderson v. Burnham (In Re Burnham)United States Bankruptcy Court, N.D. Georgia · 1981
- Wages v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1974
- Butler v. TrenthamTennessee Supreme Court · 1970
12 more not listed; retrieve them via the Exa API.