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HAISTEN v. TANNER-BRICE COMPANY

19022.

211 Ga. 821 (1955)

89 S.E.2d 172

HAISTEN et al. v. TANNER-BRICE COMPANY.

Supreme Court of Georgia.

Decided September 13, 1955.

Attorney(s) appearing for the Case

Fort & Fort, for plaintiffs in error.

Dykes, Dykes & Marshall, T. O. Murshall, contra.

DUCKWORTH, Chief Justice.

Under Code § 3-601, no suitor may prosecute two actions in the courts at the same time, for the same cause, and against the same party; and if such suits are commenced at different times, the pendency of the former shall be a good defense to the latter. While in this case the first suit was one for equitable relief, the actual prayers of the intervenors therein were for title to the alleged property...

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