Hickman v. Frazier

128 Ga. App. 552 (1973)

197 S.E.2d 441

HICKMAN

v.

FRAZIER.

47622.

Court of Appeals of Georgia.

Argued November 6, 1972.

Decided March 2, 1973.

Rehearing Denied March 20, 1973.

Saul, Bowen & Blount, Percy J. Blount, for appellant.

George W. Fryhofer, for appellee.

STOLZ, Judge.

1. In this action for ejectment and loss of rents, the trial judge erred in entering judgment for the defendant on her counterclaim for "expenses of litigation" on account of the plaintiff's alleged bad faith, stubborn litigiousness, and causing the defendant unnecessary trouble and expense.

The general rule is that expenses of…