Legal Opinion

Garrett v. Foy & Adams Co.

Court of Appeals of Georgia

Decided January 22, 1918No. 8792PublishedCited by 5 opinions

Action for damages; from city court of Tifton — Judge Price. April 7, 1917.

1Opinion of the Court

Wade, O. J.

1. A recovery was sought against several different defendants, and there was clearly a misjoinder of parties, as the abuse of legal process alleged was without any distinctly alleged knowledge or connivance on the part of the defendant upon whose oath the warrant issued, notwithstanding a general allegation in the petition that he and other defendants named, “by conspiring and acting together and doing the acts and things hereinafter complained of, have jointly and severally, wilfully, wantonly, and maliciously injured and damaged your petitioner in the sum of $25,000.” So far as…

2Cases cited2 opinions

  1. Waters v. WinnSupreme Court of Georgia · 1914
  2. Pickard v. BridgesCourt of Appeals of Georgia · 1910

3Cited by5 opinions

  1. Godfrey v. Home Stores, Inc.Court of Appeals of Georgia · 1960
  2. Mansor v. WilcoxCourt of Appeals of Georgia · 1926
  3. International Accountants' Society, Inc. v. FellSupreme Court of South Carolina · 1928
  4. Kennemer v. ShahanCourt of Appeals of Georgia · 1929
  5. Barwick v. Stevens Hardware Co.Court of Appeals of Georgia · 1919

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