Collins v. Clayton
Supreme Court of Georgia
Equity. Set-off. Recoupment. Jurisdiction. Pleadings. Usury. Vendor and purchaser. Judgments. Stockholders. Banks. Before Judge Hill. Bibb county. At Chambers.
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Equity. Set-off. Recoupment. Jurisdiction. Pleadings. Usury. Vendor and purchaser. Judgments. Stockholders. Banks. Before Judge Hill. Bibb county. At Chambers. March 5th, 1875. Appleton P. Collins instituted in the county court of Bibb county, four actions at law, returnable to the October term, 1874, of said court, against Joseph Clayton, as trustee for his wife and children, upon twenty-eight notes, three of said suits being each for the sum of $460 00, besides interest, and one being for the sum of $52 00, besides interest, all of which were given by Clayton, trustee, to Collins, in part…
1Opinion of the Court
Trippe, Judge.
1. As to the matters of recoupment to which complainant alleges he is entitled by way of deduction from defendant’s claim on him, and the usury of which lie complains, his legal remedies are complete and adequate. Where this is so, equity will not interfere: Code, sections 3095, 3210.
2. It is replied to this that the county court of Bibb is a court of limited jurisdiction, and complainant’s remedy will not be complete and effectual in that court. We take it that this means the whole mates of defense in the aggregate exceed the jurisdiction of the county court. Let us see how…
2Cited by1 opinion
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