City of Albany v. Jackson
Court of Appeals of Georgia
1Opinion of the CourtLuke, J.
1. Where two causes of action are set forth in a petition containing only one count, the petition is subject to a timely special demurrer for its duplicity. Gainesville & Dahlonega Ry. Co. v. Austin, 122 Ga. 823 (50 S. E. 883); Orr v. Cooledge, 117 Ga. 195 (3) (43 S. E. 527).(a) In this ease the petition sets out two causes of action in a single count—one based on the law of nuisance, in that -it is alleged that the city is negligently maintaining a negligently constructed intake pipe connecting the lot of the petitioner with its storm-sewer, thereby causing large quantities of water, in…
2Cases cited11 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- City Council v. LombardSupreme Court of Georgia · 1897
- Gainesville & Dahlonega Electric Railway Co. v. AustinSupreme Court of Georgia · 1905
- Orr v. CooledgeSupreme Court of Georgia · 1903
- Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
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3Cited by8 opinions
- Wometco Theatres Inc. v. United Artists Corp.Court of Appeals of Georgia · 1936
- Johnson v. City of AtlantaCourt of Appeals of Georgia · 1968
- Turk v. City of RomeCourt of Appeals of Georgia · 1975
- City of Atlanta v. MinderCourt of Appeals of Georgia · 1951
- Warren v. Georgia Power Co.Court of Appeals of Georgia · 1938
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