Miami Industrial Bank v. Dunn

1. A city court has jurisdiction of an equitable plea when it is purely defensive in its nature, and, if sustained by proof, would result in a verdict finding generally in favor of the defendant. Collins v. Garrett, 50 Ga. App. 203 (2) (177 S. E. 275).

2. In a suit brought ex contractu in a city court by a non-resident plaintiff, a plea of recoupment in tort by the defendant praying for affirmative relief by seeking recovery of damages in excess of the amount sued for by the plaintiff can not be entertained, and should be stricken on demurrer or motion to strike. Porter v. Davey Tree-Expert…