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GEORGIA INVESTMENT CO. v. NORMAN

27146.

229 Ga. 160 (1972)

190 S.E.2d 48

GEORGIA INVESTMENT COMPANY v. NORMAN.

Supreme Court of Georgia.

Decided May 3, 1972.

Rehearing Denied May 18, 1972.

Attorney(s) appearing for the Case

Smith & Smith, Douglas E. Smith, Hansell, Post, Brandon & Dorsey, W. Rhett Tanner, for appellant.

Palmour & Palmour, James E. Palmour, for appellee.

J. William Gibson, Ronald L. Reid, J. Michael Kelly, Alston, Miller & Gaines, Bettye H. Kehrer, John L. Cromartie, Jr., amicus curiae.

NICHOLS, Justice.

The question presented by this appeal is whether the Civil Practice Act and particularly section 23 of such Act, Ga. L. 1966, pp. 609, 632 (Code Ann. § 81A-123) permits class actions, where the rights of the alleged class are not derivative and are not joint rights, but are merely common in that there are common questions of law or fact involved and a common relief is sought.

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