Norment v. Wofford

Undercofler, Chief Justice.

Under Code Ann. § 55-103, the superior court in “[e]quity will not enjoin the proceedings and processes of a court of law, unless there shall be some intervening equity or other proper defense of which the party, without fault on his part, cannot avail himself at law.” Appellant Norment sought an injunction under this section because she could not raise her tort counterclaim because of lack of jurisdiction1 in the state court to entertain it. The trial court refused the injunction. We reverse.

Under the allegations of both of the complaints,2 it appears that both…