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Supreme Court of Georgia, 1937

City of Atlanta v. Russell

City of Atlanta v. Russell
Supreme Court of Georgia · Decided January 19, 1937 · Beck
184 Ga. 187; 190 S.E. 592; 1937 Ga. LEXIS 468

City of Atlanta v. Russell

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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