Montgomery v. Fouche
Supreme Court of Georgia
Appeal. Before Judge Henry. Floyd superior court. January 27, 1905.
1Opinion of the CourtFisii, C. J.
Sproull Eouché and H. T. Rejmolds, as holders of a promissory note executed by Mrs. A. A. Montgomery, brought suit thereon against her in a justice’s court. The defendant pleaded in abatement the pendency of proceedings in the superior court instituted by plaintiffs to foreclose a mortgage on realty' given to *44secure the payment of the note sued on, and alleged in her plea, that, by reason of the pendencjr of such proceedings, the action in the justice’s court was brought in bad faith, and that she had thereby been put to unnecessary 'trouble and expense; and she prayed judgment against the…
2Cases cited6 opinions
- Seibels v. HodgesSupreme Court of Georgia · 1880
- Juchter v. Boehm, Bendheim & Co.Supreme Court of Georgia · 1879
- Blain v. HitchSupreme Court of Georgia · 1883
- Heyward v. Field Bros.Supreme Court of Georgia · 1895
- Howell v. GloverSupreme Court of Georgia · 1877
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3Cited by17 opinions
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- Moon v. WrightCourt of Appeals of Georgia · 1913
- Rousch v. GreenCourt of Appeals of Georgia · 1907
- Smith v. SmithCourt of Appeals of Georgia · 1983
- Goldsmith-Leslie Co. v. WhiteheadCourt of Appeals of Georgia · 1930
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