Lowry v. Smith

Frankum, Judge.

“A defendant can not decline to litigate in a suit in which he has already been brought into court by bringing another action, since he is bound to set up all defenses in the first suit, either legal or equitable^ whether or not they involve the granting of affirmative relief.” Jeffrey McElreath Mfg. Co. v. Hill, 212 Ga. 183 (1) (91 S. E. 2d 337). See also Mitchell v. State Highway Dept., 216 Ga. 517 (118 S. E. 2d 88); Johnson v. Fulton County, 216 Ga. 498 (117 S. E. 2d 155).

“It is a recognized rule of law that one may not refuse to file a defense to a pending suit against…