Cantrell v. Coleman Co.

Court of Appeals of Georgia

Cantrell v. Coleman Co.

231 S.E.2d 123, 140 Ga. App. 344, 1976 Ga. App. LEXIS 1464

CourtCourt of Appeals of Georgia

DecidedNovember 5, 1976

Docket52759

StatusPublished

Cited by1 cases

This text of 231 S.E.2d 123 (Cantrell v. Coleman Co.) 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.

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Cantrell v. Coleman Co., 231 S.E.2d 123, 140 Ga. App. 344, 1976 Ga. App. LEXIS 1464 (Ga. Ct. App. 1976).

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Opinion

Stolz, Judge.

The appellants, Mr. and Mrs. Cantrell, were sued in the Superior Court of Walker County by Margaret Cox and Patrick Cox, b/n/f Margaret Cox, for damages resulting from an alleged shooting of the Cox child with a BB gun by the appellants’ minor son. The appellants later filed a third-party complaint against appellee The Coleman Company, Inc. (hereinafter Coleman), alleging on product liability grounds that Coleman was liable to the appellants for any sum that might be adjudged against them. On Coleman’s motion, the trial judge dismissed the third-party complaint, from which order the appellants now appeal.

The order of dismissal was predicated upon the appellants’ failure to allege the existence of venue in Walker County. Since there are no allegations of venue in the third-party complaint, we must affirm that decision.

The Civil Practice Act provides, "An original complaint shall contain facts upon which the court’s venue depends. . .” Code Ann. § 81A-108 (a) (Ga. L. 1966, pp. 609, 619, as amended). In the instant case, the third-party complaint simply "does not 'contain facts upon which the court’s venue depends,’ and is therefore insufficient as a matter of law.” Neal v. McCall, 131 Ga. App. 347 (206 SE2d 114) (1974); see Stinnett v. Ellis, 121 Ga. App. 279, 280 (173 SE2d 454) (1970); Register v. Stone’s Independent Oil Distributors, 227 Ga. 123 (179 SE2d 68) (1971).

Judgment affirmed.

Bell, C. J., and Clark, J., concur. Submitted October 6, 1976 Decided November 5, 1976. Frank M. Gleason, James A. Secord, for appellants. David P. Daniels, Pittman, Kinney, Kemp, Pickell & Avrett, Donald G. Loggins, for appellees.

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Stolz, Judge.

The appellants, Mr. and Mrs. Cantrell, were sued in the Superior Court of Walker County by Margaret Cox and Patrick Cox, b/n/f Margaret Cox, for damages resulting from an alleged shooting of the Cox child with a BB gun by the appellants’ minor son. The appellants later filed a third-party complaint against appellee The Coleman Company, Inc. (hereinafter Coleman), alleging on product liability grounds that Coleman was liable to the appellants for any sum that might be adjudged against them. On Coleman’s motion, the trial judge dismissed the third-party complaint, from which order the appellants now appeal.

The order of dismissal was predicated upon the appellants’ failure to allege the existence of venue in Walker County. Since there are no allegations of venue in the third-party complaint, we must affirm that decision.

The Civil Practice Act provides, "An original complaint shall contain facts upon which the court’s venue depends. . .” Code Ann. § 81A-108 (a) (Ga. L. 1966, pp. 609, 619, as amended). In the instant case, the third-party complaint simply "does not 'contain facts upon which the court’s venue depends,’ and is therefore insufficient as a matter of law.” Neal v. McCall, 131 Ga. App. 347 (206 SE2d 114) (1974); see Stinnett v. Ellis, 121 Ga. App. 279, 280 (173 SE2d 454) (1970); Register v. Stone’s Independent Oil Distributors, 227 Ga. 123 (179 SE2d 68) (1971).

Judgment affirmed.

Bell, C. J., and Clark, J., concur. Submitted October 6, 1976 Decided November 5, 1976. Frank M. Gleason, James A. Secord, for appellants. David P. Daniels, Pittman, Kinney, Kemp, Pickell & Avrett, Donald G. Loggins, for appellees.

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231 S.E.2d 123, 140 Ga. App. 344, 1976 Ga. App. LEXIS 1464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cantrell-v-coleman-co-gactapp-1976.

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