Murphey v. Creamer
Court of Appeals of Georgia
Action for damages; from city court of Richmond county— Judge W. E. Eve. The petition alleged,' that on January' 10, 1908, the plain ti (T went into possession, as the owner, of a certain wood and coal yard in the city of Augusta, formerly known as the wood and coal yard of S. M. McKendree & Company; that prior to the date first mentioned it had been owned by the defendant, Murphey, either in his own right or in connection with one Zachry; that the business, with all…
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Action for damages; from city court of Richmond county— Judge W. E. Eve. The petition alleged,' that on January' 10, 1908, the plain ti (T went into possession, as the owner, of a certain wood and coal yard in the city of Augusta, formerly known as the wood and coal yard of S. M. McKendree & Company; that prior to the date first mentioned it had been owned by the defendant, Murphey, either in his own right or in connection with one Zachry; that the business, with all equipment and appurtenances, was sold to him, by verbal contract, for $2,400, payment to be made as the sales of the business…
1Opinion of the CourtBussell, J.
(After stating the foregoing facts.) By the demurrer to the petition, which was overruled, the defendant asserted: (1) That the petition sets out no cause of action. (2) That the petition is multifarious, joining in one suit more than one cause of action, and joining separate and distinct causes of action arising out of the separate and distinct transactions occurring at different times and at different places. (3) That there is a misjoinder of causes of action, in this, that the alleged cause of action set out in paragraphs 1, 2, and 3 is ex contractu, and the alleged cause of action set out…
2Cases cited11 opinions
- Georgia Northern Railway Co. v. Hutchins & JenkinsSupreme Court of Georgia · 1904
- Porter v. JohnsonSupreme Court of Georgia · 1895
- McCray v. StateSupreme Court of Georgia · 1910
- Missouri State Life Insurance v. LovelaceCourt of Appeals of Georgia · 1907
- Beall v. ClarkSupreme Court of Georgia · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hall v. WingateSupreme Court of Georgia · 1924
- W. H. Goff Co. v. Lamborn & Co.Court of Appeals for the Fifth Circuit · 1922
- Wilkinson v. StateCourt of Appeals of Georgia · 1916
- Copeland v. McElroyCourt of Appeals of Georgia · 1934
- Franklin Buggy Co. v. CarterCourt of Appeals of Georgia · 1918