green
Positive treatment
6.5 score
Treatment trajectory · 1908 → 2026 · click a year to view as-of
1908
1967
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Candler Hospital, Inc. v. Dent
Auth., 132 Ga. App. 879, 881-882 ( 209 SE2d 676 ) (1974); McLendon Bros. v. Finch, 2 Ga. App. 421, 422 (3) (a), 426-427 ( 58 SE 690 ) (1907). 1 “An injured person can have but one satisfaction for his injuries; and therefore the amount paid by the tortfeasor . . . will be regarded as a satisfaction pro tanto as to the joint tortfeasors.” (Citation and punctuation omitted.) *423 Atlantic Coast Line R.
cited
Cited as authority (rule)
Green v. Thompson
McLendon Bros. v. Finch, 2 Ga. App. 421, 422 (3a), 426-427 (3) ( 58 SE 690 ) (1907) (decided under former Civil Code § 4945).
discussed
Cited as authority (rule)
Mathis v. Melaver, Inc.
(2×)
McLendon Bros. v. Finch, 2 Ga. App. 421, 428 ( 58 SE 690 ).
discussed
Cited as authority (rule)
Chavers v. Kent Diversified Products, Inc.
The conveyance of timber . . . authorizes the grantee, not merely to use it and return it, but to take it away, sell it, and otherwise possess it.” McLendon Bros. v. Finch, 2 Ga. App. 421, 423-424 ( 58 SE 690 ) (1907).
discussed
Cited as authority (rule)
Overstreet v. Georgia Farm Bureau Mutual Insurance
If the plaintiff in a suit brought upon a given cause of action accepts a sum of money in full settlement thereof, he can not thereafter set up the same cause of action against another whom he had the election of suing in the first instance.’ McLendon Bros. v. Finch, 2 Ga. App. 421, 422 (3 a, b) ( 58 SE 690 ) (1907).
discussed
Cited as authority (rule)
Nannis Terpening & Associates, Inc. v. Mark Smith Construction Co.
If the plaintiff in a suit brought upon a given cause of action accepts a sum of money in full settlement thereof, he can not thereafter set up the same cause of action against another whom he had the election of suing in the first instance.” McLendon Bros. v. Finch, 2 Ga. App. 421, 422 (3a, b) ( 58 SE 690 ) (1907).
discussed
Cited as authority (rule)
Gilmore v. Fulton-DeKalb Hospital Authority
As stated in McLendon Bros. v. Finch, 2 Ga. App. 421, 427 ( 58 SE 690 ): "Such a settlement is as complete an estoppel against another suit upon the same cause of action as a judgment recovered and paid off would have been.” But in applying this rule, it must be carefully observed that it is relevant only to joint or joint and several tortfeasors, as where a guest in an automobile is injured by the concurring negligence of a host driver and the driver of another vehicle.
cited
Cited as authority (rule)
Overstreet v. Schulman
Code, § 3-113; McLendon Bros. v. Finch, 2 Ga. App. 421, 426 ( 58 S. E. 690 ) ; Cornett v. Ault, 124 Ga. 944 ( 53 S. E. 460 ); Quitman Cooperage Co. v. Peoples Bank, 178 Ga. 90 ( 172 S. E. 17 ).
cited
Cited "see"
Wingate v. State
See Sapp v. State, 2 Ga. App. 449 ( 58 S. E. 667 ); Jones v. State, 172 Ga. 500 ( 158 S. E. 44 ). *267 Since the evidence in this case did not show mutual combat, these grounds are without merit.
Retrieving the full opinion text from the archive…
Napier
v.
Brown
v.
Brown
371.
Court of Appeals of Georgia.
Aug 8, 1907.
H. B. Simmons, Shipp & Sheppard, for plaintiff., Allen Fort & Son, Dykes & Nisbet, for defendant.
Powell.
Published
Powell, J.
1. “Where the error alleged is the granting or denying of a new trial, one assignment of error is sufficient to reach all the grounds of the motion on which the grant or refusal is based.” 8th Rule of Court. The motion to dismiss is therefore overruled.
2. The trial judge did not abuse his discretion in granting a new trial.
Judgment affirmed.