Livingston v. Marshall
Supreme Court of Georgia
Equity. Amendment. Practice. Debtor and creditor. Judgments. Set-off. lies adjudicata. Trover. Before Judge Port. Macon superior court. May term, 1888. On February 12, 1882, Marshall and Livingston entered into a contract containing the followingprovisions, in substance : Marshall agreed to furnish certain land and supplies for running a farm that year, and to sell to Livingston certain horses for $690 to be paid on September 1st of that year.
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Equity. Amendment. Practice. Debtor and creditor. Judgments. Set-off. lies adjudicata. Trover. Before Judge Port. Macon superior court. May term, 1888. On February 12, 1882, Marshall and Livingston entered into a contract containing the followingprovisions, in substance : Marshall agreed to furnish certain land and supplies for running a farm that year, and to sell to Livingston certain horses for $690 to be paid on September 1st of that year. Livingston agreed to cultivate the land, gather the crop, pay Marshall certain portions of it for rent, etc. and the $690 for the horses at the time…
1Opinion of the CourtBleckley, C. J.
1. A sworn bill may be amended in its prayer, and by adding a new and proper party complainant, without swearing to the amendment.
2. Immaterial error in allowing trivial amendments without requiring them to be sworn to, will not work a reversal.
3. That a bill has not been served is not a ground of demurrer to the same.
4. Where the plaintiff in a judgment against two defendants, one as principal, the other as surety, is a non-resident of the State and without property here, a debt due from him to the principal may be set off in equity against the judgment, and a bill for that purpose will be…
2Cases cited1 opinion
- Marshall v. LivingstonSupreme Court of Georgia · 1886
3Cited by20 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- United States Ex Rel. Johnson v. Morley Const. Co.Court of Appeals for the Second Circuit · 1938
- Chance v. Planters Rural Telephone Cooperative, Inc.Supreme Court of Georgia · 1963
- Gordy Tire Co. v. Dayton Rubber Co.Supreme Court of Georgia · 1960
- Jacksonville Paper Co. v. OwenSupreme Court of Georgia · 1941
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