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Hamner v. Johnson

HAMNER v. JOHNSON Et Al.

Hamner v. Johnson, 109 S.E.2d 881 (Ga. Ct. App. 1959)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
July 16, 1959
Docket
No. 37770
Judges
Felton, Quillian, Nichols
Citations
109 S.E.2d 881100 Ga. App. 11959 Ga. App. LEXIS 526
Cited by 4

Opinion — Felton

Felton, Chief Judge.

The judgment of the Supreme Court transferring this case to this court necessarily adjudicated the proposition that no equitable issue was involved in the amendment to the answer seeking to have E. E. Robinson made a party defendant either on the theory that a multiplicity of suits would be avoided or for any other reason. We know of no authority of law and none has been cited by the plaintiff in error, to the effect that in a law case such as this a party defendant could be added on petition of an existing defendant. Code § 37-1005 applies only to equity cases. The same is true as to the cases of O’Leary v. Costello, 169 Ga.

754, 758 ( 151 S. E. 487 ) and Roberts v. McBrayer, 194 Ga.

606, 613 ( 22 S. E. 2d 165 ). Code, § 37-1007 does not apply in this case at least by reason of the transfer of the case to this court. The provisions of Code §§ 3-401—§ 3-419, providing for the making of parties pending action, do not apply to cases like the instant one. Code § 81-1303 provides: “No amendment adding a new and distinct cause of action or new and distinct parties shall be allowed unless expressly provided for by law.” The court did not err in sustaining the general demurrers to the amendment seeking to make E. E. Robinson a party defendant.

Judgment affirmed.

Quillian and Nichols, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →
1960: 11966: 11967: 219602026peak 1967 · 2

Relies on it most ⓘ

  1. Lumbermens Mutual Casualty Co. v. Moody156 S.E.2d 117 (Ga. Ct. App. 1967)
  2. United States Fidelity & Guaranty Co. v. Luttrell147 S.E.2d 647 (Ga. Ct. App. 1966)
  3. Steerman v. Smith118 S.E.2d 220 (Ga. Ct. App. 1960)
  4. Peacock Construction Co. v. Turner Concrete, Inc.159 S.E.2d 114 (Ga. Ct. App. 1967)

Most recent

  1. Peacock Construction Co. v. Turner Concrete, Inc.159 S.E.2d 114 (Ga. Ct. App. 1967)
  2. Lumbermens Mutual Casualty Co. v. Moody156 S.E.2d 117 (Ga. Ct. App. 1967)
  3. United States Fidelity & Guaranty Co. v. Luttrell147 S.E.2d 647 (Ga. Ct. App. 1966)
  4. Steerman v. Smith118 S.E.2d 220 (Ga. Ct. App. 1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Roberts v. McBrayer, 22 S.E.2d 165 (Ga. 1942) 9
O'Leary v. Costello, 151 S.E. 487 (Ga. 1930) 8

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