Schoen v. Maryland Casualty Co.
Supreme Court of Georgia
■ Equitable petition. Before Judge Pendleton. Eulton superior court. June 22, 1916. A. M. Schoen and others filed a petition alleging that the Maryland Casualty Company has instituted in the city court of Atlanta an action against them for a breach of contract, and that they have a cause of action arising ex delicto which they can not set off in the city court; for which reason the Maryland Casualty Company’s action should be enjoined, and it should be required in this…
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■ Equitable petition. Before Judge Pendleton. Eulton superior court. June 22, 1916. A. M. Schoen and others filed a petition alleging that the Maryland Casualty Company has instituted in the city court of Atlanta an action against them for a breach of contract, and that they have a cause of action arising ex delicto which they can not set off in the city court; for which reason the Maryland Casualty Company’s action should be enjoined, and it should be required in this proceeding to set up whatever claim it may have against petitioners, and that petitioners have judgment against it on its…
1Opinion of the CourtEvans, P. J.
The pleader expressly disclaims any cause of action except for an alleged tort in connection with the defendant’s repudiation of its bond, alleged to have been executed in compliance with the lease from Hunnicutt. No recovery is asked for the premiums alleged to have been received, nor is the amount of .such premiums stated. No recovery is sought for the stock of the Macon bank alleged to have been turned over to the defendant. The plaintiffs attempt to set forth a cause of action for slander of title to their leasehold estate. The owner of any estate in lands may maintain an action for…
2Cited by15 opinions
- Latson v. BoazSupreme Court of Georgia · 2004
- Sanders v. BrownCourt of Appeals of Georgia · 2002
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
- Daniels v. JohnsonCourt of Appeals of Georgia · 1989
- Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
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