Russell v. Ogletree

Supreme Court of Georgia

Russell v. Ogletree

190 S.E. 590, 184 Ga. 145, 1937 Ga. LEXIS 466

CourtSupreme Court of Georgia

DecidedJanuary 15, 1937

DocketNo. 11577

StatusPublished

Cited by3 cases

This text of 190 S.E. 590 (Russell v. Ogletree) 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

Russell v. Ogletree, 190 S.E. 590, 184 Ga. 145, 1937 Ga. LEXIS 466 (Ga. 1937).

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Opinions

Buck, Presiding Justice.

This suit was brought by Mrs. B. L. Ogletree jointly against J. Bussell doing business as Bussell Transfer Company, and the Great American Indemnity Company of New York, alleged to be the “insurance carrier of the defend-, ant,” to recover damages for alleged injuries sustained by her when the car in which she was riding collided with a truck belonging to the defendant. Bussell is alleged to be a motor common carrier, and the indemnity company is alleged to be jointly liable with him under the provisions of> the motor common-carrier act of 1931. The demurrers to the petition filed by the defendants are identical with those filed by the same defendants in the case of Russell v. Burroughs, 183 Ga. 361 (188 S. E. 451). Under the ruling in that case, the demurrers to the petition, on the ground [146]*146that there was a misjoinder of parties defendant, should have been sustained.

Judgment reversed.

All the Justices concur, except Russell, G. J., and Bell, J., who dissent.

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Buck, Presiding Justice.

This suit was brought by Mrs. B. L. Ogletree jointly against J. Bussell doing business as Bussell Transfer Company, and the Great American Indemnity Company of New York, alleged to be the “insurance carrier of the defend-, ant,” to recover damages for alleged injuries sustained by her when the car in which she was riding collided with a truck belonging to the defendant. Bussell is alleged to be a motor common carrier, and the indemnity company is alleged to be jointly liable with him under the provisions of> the motor common-carrier act of 1931. The demurrers to the petition filed by the defendants are identical with those filed by the same defendants in the case of Russell v. Burroughs, 183 Ga. 361 (188 S. E. 451). Under the ruling in that case, the demurrers to the petition, on the ground [146]*146that there was a misjoinder of parties defendant, should have been sustained.

Judgment reversed.

All the Justices concur, except Russell, G. J., and Bell, J., who dissent.

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Bluebook (online)

190 S.E. 590, 184 Ga. 145, 1937 Ga. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-ogletree-ga-1937.

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