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Lawskills.com Georgia Caselaw
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS et al. v. LESTER.
41688.
Action for damages. Chatham Superior Court. Before Judge McWhorter.
NICHOLS, Presiding Judge.
The plaintiff's petition set forth a cause of action and the trial court did not err in overruling the defendants' general demurrers.
Elmer L. Lester filed a petition in equity against the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmith Forgers and Helpers, Local No. 26, and five individual defendants seeking an injunction and damages as the result of a conspiracy to injure and damage the plaintiff and to prohibit the plaintiff from continuing to earn a livelihood as an employee of Great Dane Trailers, Inc., unless the became a member of the defendant union. Numerous demurrers to the plaintiff's petition were filed by the defendants and amendments and renewed demurrers were thereafter filed, and on September 16, 1965, the trial court rendered a judgment overruling the defendants' general demurrers but sustaining some special demurrers while overruling others. In such judgment the trial court held that the equitable features were no longer in the suit and that the action had been converted into an action for damages. The defendants now appeal from that part of the trial court's judgment overruling their general demurrers.
1. No exception is taken to that part of the trial court's judgment overruling various grounds of special demurrer. Accordingly, such rulings establish the law of the case that the paragraphs so attacked were not subject to the criticism alleged in such grounds of demurrer. See Cloud v. Stewart, 92 Ga. App. 247, 249 (88 SE2d 323), and citations.
2. As against general demurrer a general allegation of agency is sufficient. See Conney v. Atlantic Greyhound Corp., 81 Ga. App. 324 (58 SE2d 559), and citations. The petition in the present case alleges "that the defendant union, through its members, agents and employees, and the other defendants began picketing plaintiff's place of employment, the aforesaid members of the defendant union have perpetrated and carried out numerous acts of violence, bombing, shooting and malicious mischief directed against plaintiff . . . as a part of the defendants' scheme and design to accomplish the aforesaid unlawful objectives." then followed a list of acts of violence, etc., which the plaintiff alleges were attempts to force him, by unlawful means, to coerce and intimidate him into joining the union, intimidate his family, injure his person and family and deny plaintiff the right to work at his employment because the is not a member of the defendant union.
The plaintiff's petition set forth a cause of action and the trial court did not err in overruling the defendants' general demurrers. See Studdard v. Evans, 108 Ga. App. 819 (135 SE2d 60), and citations.
Judgment affirmed. Hall and Deen, JJ., concur.
Joseph H. Bergen, for appellee.
Cowan, Zeigler, Downing & McAleer, James Edward McAleer, Frank O. Downing, for appellants.
SUBMITTED JANUARY 5, 1966 -- DECIDED FEBRUARY 23, 1966.
Friday May 22 20:16 EDT


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