City of Rome v. Southern Railway Co.

Supreme Court of Georgia

City of Rome v. Southern Railway Co.

144 S.E. 745, 167 Ga. 143, 1928 Ga. LEXIS 112

CourtSupreme Court of Georgia

DecidedSeptember 20, 1928

DocketNo. 6350

StatusPublished

This text of 144 S.E. 745 (City of Rome v. Southern Railway 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

City of Rome v. Southern Railway Co., 144 S.E. 745, 167 Ga. 143, 1928 Ga. LEXIS 112 (Ga. 1928).

Pincite

Opinion

Beck, P. J.

We have this day held, in the case of Autry v. Southern Railway Co., that the petition set out no cause of action for contribution, for the reason that that company has paid nothing upon the common obligation, and that it was unnecessary to determine whether the railway company would be entitled to contribution if it had paid more than its share of the common burden. Under that decision, it was also error to overrule the general demurrer of the City of Rome et al. And inasmuch as that judgment is reversed, the other rulings were nugatory, and it is not now .necessary to pass upon the exceptions taken to them.

Judgment reversed.

All the Justices concur.

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Beck, P. J.

We have this day held, in the case of Autry v. Southern Railway Co., that the petition set out no cause of action for contribution, for the reason that that company has paid nothing upon the common obligation, and that it was unnecessary to determine whether the railway company would be entitled to contribution if it had paid more than its share of the common burden. Under that decision, it was also error to overrule the general demurrer of the City of Rome et al. And inasmuch as that judgment is reversed, the other rulings were nugatory, and it is not now .necessary to pass upon the exceptions taken to them.

Judgment reversed.

All the Justices concur.

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Bluebook (online)

144 S.E. 745, 167 Ga. 143, 1928 Ga. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-rome-v-southern-railway-co-ga-1928.