Legal Opinion
Terry v. Ellis
Supreme Court of Georgia
Decided February 17, 1940No. 13068PublishedCited by 10 opinions
1Opinion of the Court
Bell, Justice.
1. “Hie plaintiff in any action . . may dismiss his action either in vacation or term time, if he shall not thereby prejudice any right of the defendant. . . After a plea of set-off or otherwise shall have been filed, the plaintiff may not dismiss his action so as to interfere with said plea, unless by leave of the court on sufficient cause shown, and on terms prescribed by the court.” Code, § 3-510.
2. “When two or more persons shall be sued in the same action, either on a contract or for a tort, the plaintiff may amend his petition by striking out one or more of such…
2Cases cited34 opinions
- Blaisdell v. BohrSupreme Court of Georgia · 1881
- Hightower v. ThorntonSupreme Court of Georgia · 1850
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Smith v. MitchellSupreme Court of Georgia · 1849
29 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Byers v. McGuire Properties, Inc.Supreme Court of Georgia · 2009
- Durden v. KerbySupreme Court of Georgia · 1947
- Archer v. KelleySupreme Court of Georgia · 1942
- Miller v. EverettSupreme Court of Georgia · 1941
- Lankford v. MilhollinSupreme Court of Georgia · 1944
5 more not listed; retrieve them via the Exa API.