Hood Lumber Co. v. Five Points Lumber Co.

The question involved on this appeal is whether or not Code Section 8746 applies to suits in the Chancery Court. The chancellor and the Court of Appeals differed in their application of the statute, and for this reason we granted certiorari.

Upon full consideration of the authorities we think the statute applies only to suits at law, and that suits to recover unliquidated damages, as in the case at bar, cannot be interposed as a cross action to a bill in equity. The Court of Appeals ’ opinion, prepared for the Court by Judge Swepston, is adopted as the' opinion of this Court. It reads as…