Legal Opinion
Floyd v. Morgan
Court of Appeals of Georgia
Decided April 25, 1940No. 28298, 28314PublishedCited by 26 opinions
1Opinion of the CourtFelton, J.
It was not error to sustain the demurrer to the plea in abatement and dismiss it. It was held, in the case involving an alleged breach of the option contract, that the plaintiff was not entitled to recover. Floyd v. Morgan, 60 Ga. App. 496 (4 S. E. 2d, 91). The above suit was simply the effort to pursue a mistaken remedy, and is not a bar to the present action. It is not a recommencing of the same suit. 20 C. J. 18, 21, §§ 12, 17. Board of Education of Glynn County v. Day, 128 Ga. 156, 167 (57 S. E. 359); Hawthorne v. Pope, 51 Ga. App. 498, 500 (180 S. E. 920); Kennedy v. Manry, 6 Ga. App.…
2Cases cited11 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Board of Education v. DaySupreme Court of Georgia · 1907
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Coral Gables Corp. v. HamiltonSupreme Court of Georgia · 1929
- Rowland Co. v. Kell Co.Court of Appeals of Georgia · 1921
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Livingston v. BarnettSupreme Court of Georgia · 1942
- Ely v. Stratoflex, Inc.Court of Appeals of Georgia · 1974
- Clinton v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1964
- Adamson v. MaddoxCourt of Appeals of Georgia · 1965
- Adamson v. MaddoxCourt of Appeals of Georgia · 1965
21 more not listed; retrieve them via the Exa API.