Simmons Lumber Co. v. Toccoa Furniture Co.

Suit by attachment was instituted on two promissory notes given by the defendant for the purchase-price of certain machinery. In the declaration judgment was asked for principal, interest, and attorney’s fees. The defendant demurred to that portion in which attorney’s fees were claimed. ' In a special plea the defendant admitted the execution of the notes and that the plaintiff was the holder, iM that the statutory notice required for recovery of attorney’s fees had been served as alleged, and claimed a certain sum by way of set-off, and also set up a cross-action by way of recoupment,…