Rives v. Atlanta Newspapers, Inc.
| Decision Date | 12 January 1965 |
| Docket Number | Nos. 1,No. 40617,2,40617,s. 1 |
| Citation | 111 Ga.App. 6,140 S.E.2d 304 |
| Parties | Joe RIVES v. ATLANTA NEWSPAPERS, INC. & 3 |
| Court | Georgia Court of Appeals |
Marson G. Dunaway, Jr., Rockmart, for plaintiff in error.
B. P. Gambrell, Atlanta, Henry A. Stewart, Forrest C. Oates, Jr., Cedartown, for defendant in error.
Syllabus Opinion by the Court
1. Our reversal of the trial court (110 Ga.App. 184, 138 S.E.2d 100) having been grounded upon the proposition that lack of venue would not appear without taking judicial notice of certain facts necessary to show the origin of the tort to be in the county where the action was brought, and the impropriety of taking judicial notice of the particular facts for the purpose of sustaining a motion to dismiss in the nature of a general demurrer, and the Supreme Court having held on certiorari (220 Ga. 485, 139 S.E.2d 395) that in this type of action, brought under Code § 22-1102, allegation of facts showing the tort originated in that county was an essential ingredient of the cause of action, and absence of the allegation means the non-existence of the fact, and having reversed our judgment for that reason, we hereby vacate our judgment and affirm the judgment of the trial court.
2. The remainder of our judgment and opinion dealing with the question of where a newspaper libel occurs, being consistent with that of the Supreme Court, is adhered to.
Judgment affirmed.
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Security Life Ins. Co. v. Clark, A97A1136.
...Clark, 229 Ga.App. 593, 494 S.E.2d 388 (1997). See Monteith v. Story, 255 Ga. 528, 529, 341 S.E.2d 1 (1986); Rives v. Atlanta Newspapers, 111 Ga.App. 6(2), 140 S.E.2d 304 (1965). In Clark v. Security Life Ins. Co. &c., 270 Ga. 165, 509 S.E.2d 602 (1998), the Supreme Court held, regarding Di......
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Carroll City/County Hospital Authority v. Cox Enterprises
...Inc., 110 Ga.App. 184, 138 S.E.2d 100 (1964), rev'd on cert., 220 Ga. 485, 139 S.E.2d 395 (1964); conformed to on remand, 111 Ga.App. 6, 140 S.E.2d 304 (1965), in which the single publication rule was adopted as the law of the Under English and American common law, every sale of a single co......
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Carroll City/County Hospital Authority v. Cox Enterprises, Inc., 56475
...Inc., 110 Ga.App. 184, 138 S.E.2d 100 (1964); revd. on cert., 220 Ga. 485, 139 S.E.2d 395 (1964); conformed to on remand, 111 Ga.App. 6, 140 S.E.2d 304 (1965). In the initial opinion, this court adopted the "single publication rule" under which an entire edition of a newspaper is treated as......
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Security Life Ins. Co. v. Clark, A97A1136
...Clark, 229 Ga.App. 593, 494 S.E.2d 388 (1997). See Monteith v. Story, 255 Ga. 528, 529, 341 S.E.2d 1 (1986); Rives v. Atlanta Newspapers, 111 Ga.App. 6(2), 140 S.E.2d 304 (1965). In Clark v. Security Life Insurance Company & c., 270 Ga. 165, 509 S.E.2d 602 ( S.E.2d ) (1998), the Supreme Cou......