City of Atlanta v. Russell

Supreme Court of Georgia January 19, 1937

City of Atlanta v. Russell, 184 Ga. 187 (Ga. 1937)

190 S.E. 592; 1937 Ga. LEXIS 468

Beck

Opinion of the Court

Beck, Presiding Justice.

There was no such common right between the two parties plaintiff to this case as would authorize them to join in the equitable action seeking injunction. The court should have sustained a demurrer to the petition on the ground that there was a misjoinder of parties.

Judgment reversed.

All the Justices concur, except Bussell, O. J., disqualified. J. G. Sewage, G. S. Winn, and Bond Almand, for plaintiffs in error. J. L. Flemisler, Hooper & Hooper, and Colquitt, MacDougald, Troutman & Arlcwrig'kt, contra.

Reference

Status: Published