Center v. Fickett Paper Co.

Supreme Court of Georgia

Center v. Fickett Paper Co.

43 S.E. 498, 117 Ga. 222, 1903 Ga. LEXIS 201

CourtSupreme Court of Georgia

DecidedFebruary 11, 1903

StatusPublished

Cited by15 cases

This text of 43 S.E. 498 (Center v. Fickett Paper Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Center v. Fickett Paper Co., 43 S.E. 498, 117 Ga. 222, 1903 Ga. LEXIS 201 (Ga. 1903).

Pincite

Opinion

Fish, J.

1. Where two common-law actions, in favor of different plaintiffs against the same defendant, were tried together before the same jury, in accordance with an order of court that they be “consolidated and tried together,” and a separate judgment of nonsuit was rendered in each case, this court has no jurisdiction of a single bill of exceptions, jointly sued out by the plaintiffs, wherein it is sought to have both judgments reviewed; and the writ of error must be dismissed. Brown v. L. & N. R. Co., supra, and cases cited.

2. For want of jurisdiction in such a case, this court can not entertain a motion made by one of the plaintiffs in error that his name be stricken from the bill of exceptions and that the case proceed in the name of the other plaintiff in error. Writ of error dismissed.

By five Justices.

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Fish, J.

1. Where two common-law actions, in favor of different plaintiffs against the same defendant, were tried together before the same jury, in accordance with an order of court that they be “consolidated and tried together,” and a separate judgment of nonsuit was rendered in each case, this court has no jurisdiction of a single bill of exceptions, jointly sued out by the plaintiffs, wherein it is sought to have both judgments reviewed; and the writ of error must be dismissed. Brown v. L. & N. R. Co., supra, and cases cited.

2. For want of jurisdiction in such a case, this court can not entertain a motion made by one of the plaintiffs in error that his name be stricken from the bill of exceptions and that the case proceed in the name of the other plaintiff in error. Writ of error dismissed.

By five Justices.

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Bluebook (online)

43 S.E. 498, 117 Ga. 222, 1903 Ga. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/center-v-fickett-paper-co-ga-1903.

Opinion

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