Legal Opinion

Rowland v. Vickers

Court of Appeals of Georgia

Decided February 13, 1974No. 48754PublishedCited by 6 opinions

1Opinion of the Court

Deen, Judge.

It is the contention of the plaintiff that the settlement of the Aldridge lawsuit amounted only to a covenant not to sue and does not bar the prosecution of the present action. Where joint and several tortfeasors are involved it becomes a question of whether the settlement is a pro tanto payment for the purpose of allowing one of the defendants to "buy his peace” or whether it is intended as a settlement of the tort under the rule that there can be but one satisfaction of a right of action and that the release of one joint tortfeasor releases all. The case against Aldridge was…

2Cases cited3 opinions

  1. Crane v. Atlanta & Lowry National BankCourt of Appeals of Georgia · 1929
  2. Johnson v. EptingSupreme Court of Georgia · 1938
  3. Winn v. National Bank of AthensCourt of Appeals of Georgia · 1964

3Cited by6 opinions

  1. Rowland v. VickersSupreme Court of Georgia · 1974
  2. Gilmore v. Fulton-DeKalb Hospital AuthorityCourt of Appeals of Georgia · 1974
  3. James R. French v. Jinright & Ryan, P.C. ArchitectsCourt of Appeals for the Eleventh Circuit · 1984
  4. Marchman & Son, Inc. v. NelsonCourt of Appeals of Georgia · 1983
  5. Rowland v. VickersCourt of Appeals of Georgia · 1974

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