Simons v. Bargainer
Court of Appeals of Georgia
Certiorari; from Jefferson superior court — Judge Hardeman. June 5, 1920. In the city court of Louisville Simons brought an action of bailtrover against Bargainer, alleging that the defendant was in possession of three hogs to which the plaintiff claimed title.
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Certiorari; from Jefferson superior court — Judge Hardeman. June 5, 1920. In the city court of Louisville Simons brought an action of bailtrover against Bargainer, alleging that the defendant was in possession of three hogs to which the plaintiff claimed title. Bargainer admitted that he was in possession of the hogs, and pleaded, as a reason why 'he would not deliver them to the owner, that the hogs had been allowed to run at large, and had “ entered several times upon defendant’s farm and destroyed his crops;” that the hogs had damaged his potato crop $35 and that he had incurred an expense…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) In Youngblood v. Armour Fertilizer Works, 23 Ga. App. 731 (99 S. E. 314), it was held: (1) “ In an action to recover specific chattels, no counter-claim is possible, unless, perhaps, equitable relief may be awarded under some very exceptional circumstances. Pomeroy, Code Remedies, § 767; Harden v. Lang, 110 Ga. 392, 399 (36 S. E. 100).” (2) “In an action of trover, recoupment in the nature of damages can not be pleaded by the defendant, nor adjudicated, unless some special equity, such as non-residence or the insolvency of the plaintiff, is shown. Bell v.…
2Cases cited15 opinions
- Harden v. LangSupreme Court of Georgia · 1900
- Smith v. FerrarioSupreme Court of Georgia · 1898
- Cutts v. ScandrettSupreme Court of Georgia · 1899
- Southern Railway Co. v. Born Steel Range Co.Supreme Court of Georgia · 1905
- Bell v. Ober & Sons Co.Supreme Court of Georgia · 1900
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3Cited by1 opinion
- Federal Life Insurance v. HurstCourt of Appeals of Georgia · 1931