McArthur v. Wilson
Court of Appeals of Georgia
Trover; from city court of Eeidsville — Judge Collins. May 1, 1913. McArthur brought trover for a bale of cotton which he alleged had been raised on his land by the defendant as a cropper.
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Trover; from city court of Eeidsville — Judge Collins. May 1, 1913. McArthur brought trover for a bale of cotton which he alleged had been raised on his land by the defendant as a cropper. The defendant filed an answer denying the material allegations of the petition, and also filed an amendment, as follows: "Defendant amends his plea and says that after the bale of cotton in question was ginned, he did all in his power to get a settlement out of the plaintiff, in order to dispose of said cotton, and, though the plaintiff had agreed that he would settle with him, he refused to settle.…
1Opinion of the CourtHill, C. J.
1. In this State the statutory right of set-off is restricted to demands or claims of a similar nature to that of the plaintiff, and a claim arising ex contractu can not be set off against a claim arising ex delicto. Civil Code (1910), § 5521; Geer v. Cowart, 5 Ga. App. 251 (62 S. E. 1054).
2. Except as above limited, the right of set-off is a purely equitable right, cognizable only in a court of equity. Hecht v. Snook, 114 Ga. 923 (41 S. E. 74). The city courts of this State have no jurisdiction to allow equitable set-off.
3. In a trover suit a plea setting up a debt claimed by the defendant…
2Cases cited2 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Geer v. CowartCourt of Appeals of Georgia · 1908
3Cited by6 opinions
- Powers v. WrenSupreme Court of Georgia · 1944
- Porter v. Davey Tree-Expert Co.Court of Appeals of Georgia · 1925
- Georgia Casualty Co. v. McRitchieCourt of Appeals of Georgia · 1932
- Wilkes v. SheppardCourt of Appeals of Georgia · 1961
- Georgia Power Co. v. BanksCourt of Appeals of Georgia · 1937
1 more not listed; retrieve them via the Exa API.