116 Ga. 224 | Ga. | 1902
A petition for injunction and other relief, in which the Southern Pine Company of Georgia was named as defendant, was filed by “the Atlantic & Birmingham Railroad Company, formerly the Waycross Air-Line Railroad Company, and J'. E. Wadley, J. L. Sweat, C. C. Grace, W. W. Beach, A. Sessoms, and J. S. Bailey; also J. S. Bailey & Company and J. R. & T. Bunn, who sue for the use of said railroad company.” The action appears to have
The following amendment was subsequently presented and allowed : “ And now qomes [?] plaintiffs in above-stated case, and, by leave of the court, amends [?] the petition filed therein, so far as concerns J. S. Bailey & Company and J. R. & T. Bunn, or effects [?] them in anywise whatever, by alleging that the contract set out in the fourth paragraph of said petition [viz., that between Bailey & Co. and the Air-Line R. R. Co.], alleged to have been made and
The plaintiffs’ petition was met by a special demurrer containing various grounds, among them the following: (1) “there is a misjoinder of parties plaintiff, there being no connection, contractiial or otherwise, shown between defendant and any of the plaintiffs except J. R. & T. Bunn; ” (2) “ no cause of action is alleged or attempted to be shown against defendant in favor of said J. R. .& T. Bunn, said plaintiff not being alleged to have suffered any injury or damage, and no breach of the alleged contract between defendant and said J. R. & T. Bunn being alleged; ” (3) “ there is neither privity nor mutuality of contract alleged or shown between defendant and-said plaintiffs J. S. Bailey & Co., J. S. Bailey, J. E. Wadley, J. L. Sweat, C. C. Grace, W. W. Beach, or A. Sessoms, nor is there alleged any breach of any contract between them or either •of them and defendant, nor is it alleged that they, or either of them, have suffered any injury or damage at the hands of defendant, and therefore they are improper parties plaintiff(4) that the allegation ■of the petition with respect to the sale of the Air-line Railroad to Wadley and his associates, and the subsequent contract between the railroad company and Bailey & Co., are wholly immaterial and irrelevant, as are also the allegations as to the contract between Bailey & Co. and J. R. & T. Bunn and that between the firm last named and the Southern Pine Co.; (5) there is no charge of insolvency on its part; and (6) “ it appears from said petition that the damage alleged is capable of computation, and no facts are alleged going to show that a judgment in law should not be obtained therefor, or that such a judgment, if obtained, could not be collected from the defendant.” The Southern Pine Co. also filed an answer in which it denied that it had, as alleged, upon the burning of its sawmill, entered into a contract with the Air-Line Railroad Co. such as that declared upon, or a contract of any kind with respect to the shipment over its line of all of thé lumber manufactured from what was known as the Bailey & Co. tract of timber. An interlocutory hearing of^the case was had upon the plaintiffs’ petition as amended and the defendant’s demurrér and answer thereto, at which much evidence was introduced by both sides and which resulted in an order denying the injunction prayed for. Error is assigned upon the passing of this order.
2. As has been seen, it was alleged in the plaintiffs’ petition that, after the sawmill erected by the Southern Pine Company was destroyed by fire, it entered into a new and independent contract with the Way cross Air-Line Company with respect to the future shipment of lumber over that company’s line of road. We are much inclined, however, to agree with counsel for the defendant in error that no satisfactory reason was assigned why it was neces
■As the rulings above announced practically dispose of the case upon its substantial merits, we deem it unnecessary to deal with other points presented by the bill of exceptions.
Judgment affirmed.