40 S.E.2d 523 | Ga. | 1946
Where a common right or interest is not shown in all of the plaintiffs in one or more of the actions sought to be consolidated, it is not error to dismiss on general demurrer the petition for consolidation.
In the petition to consolidate it is contended: That the five cases should be consolidated in order that a full accounting might be had between the parties and a multiplicity of suits avoided. That Walton *592 by reason of certain defective work, as shown by an itemized exhibit, is indebted to Walker Electrical Company in the sum of $15,632. That Owens and Blum and one other person are the sole stockholders of Walker Electrical Company; that the corporation, through an arrangement of its stockholders among themselves, contracted with Walton for the repairs on the residences of Owens and Blum; and that Walton at no time had any contract or agreement with either Owens or Blum. That by reason of defective work on the part of Walton on the individual jobs, a large part of the work had to be done over and expense incurred, as shown by exhibits attached, in the amount of $6377 on the Blum job, and $2458 on the Owens job. The corporate plaintiff has counterclaims against Walton far in excess of the jurisdiction of the Civil Court of Fulton County. Other matters of overpayment, duplication of payment, counterclaims, and setoff are alleged. That all matters in dispute in the five suits grow out of a series of transactions between the corporate plaintiff and Walton, and all controversies grow out of a series of interwoven transactions. It is alleged that Walton is insolvent. The prayers are for process; that temporary injunction issue restraining the defendant from prosecuting the three cases pending in the Civil Court of Fulton County; that the five cases be consolidated and referred to an auditor; and that the plaintiffs have judgment that neither they nor either of them is indebted to the defendant.
The defendant filed a general demurrer, which was sustained. The exception is to that judgment.
"Where there is one common right to be established by or against several, and one is asserting the right against many, or many against one, equity will determine the whole matter in one action." Code, § 37-1007. This section was taken from the decision of this court in Smith v. Dobbins,
The rule quoted in White v. North Ga. Electric Co., supra, with reference to the joining of separate claims against different persons, is in accord with the Code, § 3-110, which provides: "Distinct and separate claims of or against different persons shall not be joined in the same action. Where the damage as well as the interest is several, each party injured shall sue separately." The Code, § 3-112, provides: "Suits between the same parties, arising under the same contract, involving the same pleas and upon which the same verdict may be rendered, may be consolidated if the aggregate amount shall not exceed the jurisdiction of the court."
The determination of the present cause for the consolidation of the five suits involves a construction of the term "one common right." In Sanders v. Wilson,
There is no merit in the contention of the petition to consolidate that the jurisdiction of the Civil Court of Fulton County is so limited as not to allow the corporate plaintiff relief for its counterclaims. The court's order on the demurrer was entered on April 9, 1946. By act of the General Assembly (Ga. L. 1946, pp. 287, 289), approved January 31, 1946, and effective March 1, 1946, there was conferred on the Civil Court of Fulton County, "concurrent jurisdiction with the Superior Court of Fulton County . . except as to cases arising from injuries to the person or reputation, and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia."
The trial court did not err in sustaining the general demurrer to the petition for consolidation.
Judgment affirmed. All the Justices concur.