R. E. Jarman Sons Inc. v. Drew

1 Citing case

  1. Dobson v. Truscon Steel Company

    70 Ga. App. 574 (Ga. Ct. App. 1944)   Cited 4 times
    Holding that the pendency of a prior lawsuit did not abate a second suit for the same cause of action where the court lacked jurisdiction over the first lawsuit

    Here the first action was fatally defective. The cause of action was not joint. The superior court of Gordon County had no jurisdiction of an action on account against the defendant, and a judgment against him would have been void. R. E. Jarman Sons v. Drew, 67 Ga. App. 850 ( 21 S.E.2d 444). Therefore the pendency of the action in the superior court of that county could not be pleaded in abatement of the action in Floyd County. The court did not err in striking the plea in abatement, and in overruling the motion for a new trial. Judgment affirmed. Sutton, P. J., and Parker, J. concur.