House v. Oliver
Supreme Court of Georgia
Petition for injunction. Before Judge Kimsey. Hall superior court. April 12, 1905. The record discloses the following state of facts: House and Oliver were partners. They agreed upon a dissolution and settlement of the partnership affairs.
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Petition for injunction. Before Judge Kimsey. Hall superior court. April 12, 1905. The record discloses the following state of facts: House and Oliver were partners. They agreed upon a dissolution and settlement of the partnership affairs. Under the agreement certain assets were turned over to Oliver, and House delivered to him his note for $850. Thereafter House brought an equitable petition against Oliver and Martin (the latter having become the owner of the $850 note), in which it was alleged that a fraud had been perpetrated'upon House in the settlement of the partnership affairs, as a…
1Opinion of the CourtCobb, J.
Merely that a defense involves the application of equitable principles does not deprive a city court of jurisdiction to entertain the same. A plea which, though setting up a' defense which is equitable in its nature, is purely defensive and does not involve the exercise of any of the extraordinary powers of a court of equity, may be filed in a city court. But when the plea calls for the exercise of those powers which have sometimes been described as “the larger powers” of the court of chancery, such as cancellation, reformation, and the like, a city court can not entertain jurisdiction. In…
2Cases cited3 opinions
- National Bank v. CarltonSupreme Court of Georgia · 1895
- Ragan v. Standard Scale Co.Supreme Court of Georgia · 1905
- English & Co. v. ThornSupreme Court of Georgia · 1895
3Cited by39 opinions
- Porter v. Davey Tree-Expert Co.Court of Appeals of Georgia · 1925
- Lacey v. HutchinsonCourt of Appeals of Georgia · 1909
- Georgia Casualty Co. v. McRitchieCourt of Appeals of Georgia · 1932
- Burnett v. Davis & Co.Supreme Court of Georgia · 1905
- Swift v. Oglesby & SmithCourt of Appeals of Georgia · 1911
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