Confectioneries Corp. v. Hanie

Court of Appeals of Georgia

Confectioneries Corp. v. Hanie

107 S.E. 349, 26 Ga. App. 779, 1921 Ga. App. LEXIS 633

CourtCourt of Appeals of Georgia

DecidedMay 2, 1921

Docket12107

StatusPublished

This text of 107 S.E. 349 (Confectioneries Corp. v. Hanie) 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

Confectioneries Corp. v. Hanie, 107 S.E. 349, 26 Ga. App. 779, 1921 Ga. App. LEXIS 633 (Ga. Ct. App. 1921).

Pincite

Opinion

Hill, J.

1. A petition was filed in the superior court of Fulton county on September 18, 1918, against the Peachtree Soda Company, alleging it to be a corporation having an office, agent, and place of business in that county. On September 27, 1918, the plaintiff filed in the same court a petition against the Confectioneries Corporation, alleging that it is a corporation having an office, [780]*780agent, and place of business in said county,” and that it " is owner and operates what is known as Peachtree Soda Company,” and setting up, as the basis of his cause of action, the same facts set forth in the first-mentioned suit. A plea in abatement was filed by the Confectioneries Corporation, upon the ground of the pendency of the first suit at the time of the filing of the second suit. The court did not err in directing a verdict against the plea in abatement.

3. There were no material errors in the charge of the court or in the rulings relative to the admission of evidence.

Judgment affirmed.

Jenicins, P. J., and Stephens, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, J.

1. A petition was filed in the superior court of Fulton county on September 18, 1918, against the Peachtree Soda Company, alleging it to be a corporation having an office, agent, and place of business in that county. On September 27, 1918, the plaintiff filed in the same court a petition against the Confectioneries Corporation, alleging that it is a corporation having an office, [780]*780agent, and place of business in said county,” and that it " is owner and operates what is known as Peachtree Soda Company,” and setting up, as the basis of his cause of action, the same facts set forth in the first-mentioned suit. A plea in abatement was filed by the Confectioneries Corporation, upon the ground of the pendency of the first suit at the time of the filing of the second suit. The court did not err in directing a verdict against the plea in abatement.

3. There were no material errors in the charge of the court or in the rulings relative to the admission of evidence.

Judgment affirmed.

Jenicins, P. J., and Stephens, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

107 S.E. 349, 26 Ga. App. 779, 1921 Ga. App. LEXIS 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/confectioneries-corp-v-hanie-gactapp-1921.