Handley v. McKee
Court of Appeals of Georgia
Complaint; from city court of Fitzgerald — Judge Wall. February 3, 1910. McKee sued Handley in the city court of Fitzgerald, on a promissory note. Handley filed a set-off or counter-claim to the note, embracing numerous items of alleged indebtedness from McKee to Handley and involving an accounting between the two. By consent the case was referred to an auditor.
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Complaint; from city court of Fitzgerald — Judge Wall. February 3, 1910. McKee sued Handley in the city court of Fitzgerald, on a promissory note. Handley filed a set-off or counter-claim to the note, embracing numerous items of alleged indebtedness from McKee to Handley and involving an accounting between the two. By consent the case was referred to an auditor. The answer was amended before the auditor, over the objection of the plaintiff, by setting out additional items of indebtedness claimed against the plaintiff. The plaintiff also objected before the auditor to a consideration of the…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts:)
1. It is expressly provided by the code that the plaintiff “may dismiss his case at any time, either in term or vacation, so that he does not thereby prejudice any right of the defendant. If claims by way of -set-off or otherwise have been set up by the answer, the dismissal of the petition shall not interfere with the defendant’s right to a hearing and trial on such claims m that proceeding.” Civil Code of 1895, § 4970. “The plea of set-off is a cross-action, and after it is filed the defendant is, m any event, entitled to prove his case and have judgment…
2Cases cited2 opinions
- House v. OliverSupreme Court of Georgia · 1905
- Calhoun v. Citizens Banking Co.Supreme Court of Georgia · 1901
3Cited by7 opinions
- Rice-Stix Dry Goods Co. v. Friedlander Bros.Court of Appeals of Georgia · 1923
- Bell v. StateCourt of Appeals of Georgia · 1982
- Irvine v. GrantCourt of Appeals of Georgia · 1914
- Washington v. StateCourt of Appeals of Georgia · 2015
- Cowart v. Atlanta, Birmingham & Coast Railway Co.Court of Appeals of Georgia · 1938
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