Fuller v. Coker
Court of Appeals of Georgia
Complaint; from city court of Americus—Judge Harper. April 30, 1919. On May 4, 1918, E. B. Coker brought an action in the city court of Americus against Mrs. Docia Fuller on an account for $137, money loaned, and interest thereon.
Read the full summary
Complaint; from city court of Americus—Judge Harper. April 30, 1919. On May 4, 1918, E. B. Coker brought an action in the city court of Americus against Mrs. Docia Fuller on an account for $137, money loaned, and interest thereon. The defendant in her answer as amended denied indebtedness, and in substance alleged: She did borrow of the plaintiff $137 at or about the time alleged in his petition (October 18,1917), but at that time and simultaneously she leased to him for five years, commencing January 1, 1918, a farm in Sumter county, Georgia, for which he executed and delivered to her five…
1DissentLuke, J.
I do not agree with the conclusion and judgment reached by a majority of the court in this case. A city court has jurisdiction to entertain an equitable plea which is purely defensive in its nature and which would reduce the 'amount of plaintiff’s recovery or would result in a verdict finding generally for the defendant, unless in order to obtain the result of such plea it would be necessary for the court to exercise the extraordinary powers of affirmative relief, such as reformation or cancellation, etc. See Butler v. Holmes, 128 Ga. 333, 336 (57 S. E. 715), and cases cited; Hanesley v.…
2Cases cited4 opinions
- Swift v. Oglesby & SmithCourt of Appeals of Georgia · 1911
- Hanesley v. National Park BankSupreme Court of Georgia · 1917
- Butler v. HolmesSupreme Court of Georgia · 1907
- Park v. CarmichaelCourt of Appeals of Georgia · 1917