Arnold v. Carter
Supreme Court of Georgia
Injunction. Before Judge Holden. Oglethorpe superior court. November 16, 190,5. W. D. Carter brought an equitable petition against N. D. Arnold, in the superior court of Oglethorpe county, wherein he made the following allegations: During the years 1903 and 1904 and for several previous years he rented land from defendant. Eor all years previous to 1903 he paid defendant all he owed him.
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Injunction. Before Judge Holden. Oglethorpe superior court. November 16, 190,5. W. D. Carter brought an equitable petition against N. D. Arnold, in the superior court of Oglethorpe county, wherein he made the following allegations: During the years 1903 and 1904 and for several previous years he rented land from defendant. Eor all years previous to 1903 he paid defendant all he owed him. During 1903 plaintiff became indebted to defendant $154 for guano, and $355 for the amount of a note paid by defendant to one Knox, but was not indebted to defendant during that year for any other sum. In…
1Opinion of the CourtFish, C. J.
(After stating the facts.) When an execution issues upon the foreclosure of a mortgage on personalty, the mortgagor may file his affidavit of illegality, “in which affidavit he may set up and avail himself of any defense which he might have set up, according to law, in an ordinary suit upon the demand secured by *322the mortgage, and which goes to show that the amount claimed is not due.” Civil Code, §2765. The sections of the Civil Code on the subject of recoupment are as follows: “Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff’s damages, for the…
2Cases cited9 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Johnston v. PattersonSupreme Court of Georgia · 1891
- McMahan v. TysonSupreme Court of Georgia · 1857
- Mell v. MoonySupreme Court of Georgia · 1860
- Jones v. FindleySupreme Court of Georgia · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Weaver v. RobersonSupreme Court of Georgia · 1910
- Ellis v. Millen Hotel Co.Supreme Court of Georgia · 1941
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- Harrison v. LovettSupreme Court of Georgia · 1944
- Porter v. Davey Tree-Expert Co.Court of Appeals of Georgia · 1925
36 more not listed; retrieve them via the Exa API.