Logan & Atkinson v. Mechanic's Bank
Supreme Court of Georgia
Motion, in Bibb Superior Court. Heard and decided by Judge Bowers. November Term, 1852. The Mechanics’ Bank commenced four actions of assumpsit against Logan & Atkinson on four several bills of exchange, drawn at different times, on Messrs. Hardeman & Hamilton, and by them endorsed and transferred to the plaintiff.
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Motion, in Bibb Superior Court. Heard and decided by Judge Bowers. November Term, 1852. The Mechanics’ Bank commenced four actions of assumpsit against Logan & Atkinson on four several bills of exchange, drawn at different times, on Messrs. Hardeman & Hamilton, and by them endorsed and transferred to the plaintiff. At the Judgment Term, counsel for defendants moved the Court to consolidate the said actions, on the ground that the debts all belonged to the same plaintiff, and were all due when the first action was commenced. The Court overruled the motion, and this decision is brougnt up for…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] This was a motion to consolidate the several suits into one, which were brought by the plaintiff against the same defendants, on the ground that the several demands sued on belonged to the same plaintiff, and were all due when the first action was commenced. The Court refused the motion, on the ground that it did not appear that the cause of action in each declaration was the same, of the same date, and for the same consideration.
The Common Law rule of practice in Great Britain, where special pleading is allowed, undoubtedly is, that when the…
2Cases cited1 opinion
- Thompson v. ShepherdNew York Supreme Court · 1812
3Cited by3 opinions
- Dublin Veneer Co. v. KendrickSupreme Court of Georgia · 1934
- Worley v. GastonSupreme Court of Georgia · 1954
- Gerding v. Anderson, Starr & Co.Supreme Court of Georgia · 1879