Bogle v. Atlantic Mills

Court of Appeals of Georgia

Bogle v. Atlantic Mills

151 S.E.2d 882, 114 Ga. App. 517, 1966 Ga. App. LEXIS 825

CourtCourt of Appeals of Georgia

DecidedSeptember 28, 1966

Docket42288

StatusPublished

Cited by1 cases

This text of 151 S.E.2d 882 (Bogle v. Atlantic Mills) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bogle v. Atlantic Mills, 151 S.E.2d 882, 114 Ga. App. 517, 1966 Ga. App. LEXIS 825 (Ga. Ct. App. 1966).

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Opinion

Per Curiam

: Where, as here, only the action, and not the cause of action, is joint, the continued prosecution of the case through verdict and judgment against only one of several defendants after the elimination of the other defendants by directed verdicts, constitutes an election to prosecute the action severally and an abandonment of the joint action. Thus an enumeration of error to this court complaining only of the direction of the verdicts presents no question for decision. Allen v. Arthurs, 106 Ga. App. 682, 683 (3) (127 SE2d 819); Hodges v. Seaboard Loan &c. Assoc., 188 Ga. 410, 411 (1) (3 SE2d 677).

The appellees’ motions to dismiss are granted and the appeal is Dismissed.

Bell, P. J., Jordan and Eberhardt, JJ., concur.

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Per Curiam

: Where, as here, only the action, and not the cause of action, is joint, the continued prosecution of the case through verdict and judgment against only one of several defendants after the elimination of the other defendants by directed verdicts, constitutes an election to prosecute the action severally and an abandonment of the joint action. Thus an enumeration of error to this court complaining only of the direction of the verdicts presents no question for decision. Allen v. Arthurs, 106 Ga. App. 682, 683 (3) (127 SE2d 819); Hodges v. Seaboard Loan &c. Assoc., 188 Ga. 410, 411 (1) (3 SE2d 677).

The appellees’ motions to dismiss are granted and the appeal is Dismissed.

Bell, P. J., Jordan and Eberhardt, JJ., concur.

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Bluebook (online)

151 S.E.2d 882, 114 Ga. App. 517, 1966 Ga. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogle-v-atlantic-mills-gactapp-1966.

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