Cornett v. Ault
Supreme Court of Georgia
Equitable petition. Before Judge Fite.- Catoosa superior court. February 9, 1905. The plaintiff filed her petition against the defendant, for the recovery of $100 due upon two promissory notes for $50 each, alleging as follows: She sold certain land to the defendant, taking from him the two notes sued upon, and giving to him a bond for title. After the first note fell due, she sued on the same in a justice’s court.
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Equitable petition. Before Judge Fite.- Catoosa superior court. February 9, 1905. The plaintiff filed her petition against the defendant, for the recovery of $100 due upon two promissory notes for $50 each, alleging as follows: She sold certain land to the defendant, taking from him the two notes sued upon, and giving to him a bond for title. After the first note fell due, she sued on the same in a justice’s court. The defendant filed a plea in that court (a copy of which she attaches), wherein he admitted the execution of the note, but denied his indebtedness thereon, because at the time of…
1Opinion of the CourtAtkinson, J.
(After making the foregoing statement.)
1. The justice of the peace was clearly without jurisdiction to render a judgment for the defendant for any sum on his set-off. This is true for two reasons. In the first place, the defendant so pleaded his cause as to show that he contends for the alleged damages, not upon the breach of the contract of warranty, but on account of deceit. By electing to go upon the theory of deceit, his cause is one sounding in tort, and his remedy is by action on the case. In this connection see Peel v. Bryson, 72 Ga. 335, and cit. The damages, not being for injury to…
2Cases cited3 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Ragan v. Standard Scale Co.Supreme Court of Georgia · 1905
- Peel v. BrysonSupreme Court of Georgia · 1884
3Cited by13 opinions
- Langston v. NashSupreme Court of Georgia · 1941
- Ætna Insurance v. LunsfordSupreme Court of Georgia · 1934
- Watson v. DavisCourt of Appeals of Georgia · 1958
- Overstreet v. SchulmanCourt of Appeals of Georgia · 1948
- King v. RodgersSupreme Court of Georgia · 1917
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