Miller v. Smith

1. An equitable petition was filed, seeking, to enjoin the enforcement of a judgment, and to have an equitable set-off against it established. The defendant demurred. When the demurrer was called for hearing, the plaintiff suggested that the defendant had been adjudicated a voluntary bankrupt, but that no trustee had been appointed, which facts were admitted. He contended that the hearing should be stayed. The court declined to stay the proceedings. Held, that this ruling was not error. Woddail v. Austin, 44 Ga. 19; Southern Express Co. *118v. Connor, 49 Ga. 416; Gilmore v. Bangs, 55 Ga. 403;…