ELLIS v. KITE

39903, 39904.

107 Ga. App. 237 (1963)

129 S.E.2d 547

ELLIS v. KITE (two cases).

Court of Appeals of Georgia.

Decided January 21, 1963.


Attorney(s) appearing for the Case

O'Kelley & Hopkins, William C. O'Kelley, for plaintiff's in error.

Troutman, Sams, Schroder & Lockerman, William H. Schroder, T. M. Smith, Jr., Robert L. Pennington, contra.


FELTON, Chief Judge.

1. "No suitor may prosecute two actions in the courts at the same time, for the same cause, and against the same party, and in such a case the defendant may require the plaintiff to elect which he will prosecute if commenced simultaneously; and the pendency of the former shall be a good defense to the latter, if commenced at different times." Code § 3-601.

2. ". . . [F]rom a single...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases