Collier v. Allen
Supreme Court of Georgia
Equitable petition. Before Judge Reagan. Pike superior court. April 4, 1906. Collier brought an equitable petition against Spear, constable. G-. W. Allen and his wife, and James T. Warthen as administrator of G. H. Warthen. The petition set forth the following state of facts: G. W. Allen brought suit, in a justice’s court, against Collier.
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Equitable petition. Before Judge Reagan. Pike superior court. April 4, 1906. Collier brought an equitable petition against Spear, constable. G-. W. Allen and his wife, and James T. Warthen as administrator of G. H. Warthen. The petition set forth the following state of facts: G. W. Allen brought suit, in a justice’s court, against Collier. About the same time Warthen, administrator, brought suit against G. W. Allen in the county court, and caused summons of garnishment to be served upon Collier. Collier answered the summons, admitting an indebtedness to G. W. Allen of $70, and judgment on the…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
The facts in the petition were not of such a character as to authorize the interposition of a court of equity in behalf of the plaintiff. The plaintiff may be compelled to pay a debt twice; but on account of the respect which a court of equity pays to the judgments of a common-law court of competent jurisdiction, where the parties have had their day in court, the plaintiff is without remedy to avoid the. consequences resulting from the judgments to which she was a party. It is unnecessary to determine whether the suit in the justice’s court was the individual suit of…
2Cited by3 opinions
- Huson Ice & Coal Co. v. City of CovingtonSupreme Court of Georgia · 1933
- Reed v. Kriegshaber & Son Inc.Supreme Court of Georgia · 1930
- Lovell v. Service Concept, Inc.Court of Appeals of Georgia · 1980