Ramey v. McCoy

Supreme Court of Georgia

Ramey v. McCoy

179 S.E. 730, 180 Ga. 521, 1935 Ga. LEXIS 463

CourtSupreme Court of Georgia

DecidedApril 10, 1935

DocketNo. 10430

StatusPublished

Cited by1 cases

This text of 179 S.E. 730 (Ramey v. McCoy) 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

Ramey v. McCoy, 179 S.E. 730, 180 Ga. 521, 1935 Ga. LEXIS 463 (Ga. 1935).

Pincite

Opinion

Russell, Chief Justice.

Under the allegations and the prayers for relief, the petition was subject to dismissal because of insufficiency to withstand the demurrer based on the ground of res judicata. • The petitioner offered an amendment alleging that the defendant had injured and damaged him in the sum of $10,000, in that she advertised his property (which was the subject of .the original decree) in contempt of an order of the chancellor, and that the defendant is a non-resident of the State of Georgia. But neither the original petition nor the amendment contained any prayer that the recovery on the alleged tort be set off against the decree in the prior civil suit. In the state of the pleadings the court did not err in sustaining the demurrers and in dismissing the petition as amended.

Judgment affirmed,.

All the Justices concur.

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

Russell, Chief Justice.

Under the allegations and the prayers for relief, the petition was subject to dismissal because of insufficiency to withstand the demurrer based on the ground of res judicata. • The petitioner offered an amendment alleging that the defendant had injured and damaged him in the sum of $10,000, in that she advertised his property (which was the subject of .the original decree) in contempt of an order of the chancellor, and that the defendant is a non-resident of the State of Georgia. But neither the original petition nor the amendment contained any prayer that the recovery on the alleged tort be set off against the decree in the prior civil suit. In the state of the pleadings the court did not err in sustaining the demurrers and in dismissing the petition as amended.

Judgment affirmed,.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

179 S.E. 730, 180 Ga. 521, 1935 Ga. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramey-v-mccoy-ga-1935.

Opinion

Related

Cite This Page — Counsel Stack