Juchter v. Boehm, Bendheim & Co.
Supreme Court of Georgia
Pleas. Mortgage. Recoupment. Judgments. City-Courts. Before Judge Harden. City Court of Savannah. July Term, 1878. Boehm, Bendheim & Co. brought complaint against Juchter, commencing their action February 26, 1878, on two notes, each for the sum of $250.00, and dated February 21, 1877, one due three months, and the other twelve months, after date.
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Pleas. Mortgage. Recoupment. Judgments. City-Courts. Before Judge Harden. City Court of Savannah. July Term, 1878. Boehm, Bendheim & Co. brought complaint against Juchter, commencing their action February 26, 1878, on two notes, each for the sum of $250.00, and dated February 21, 1877, one due three months, and the other twelve months, after date. The defendant pleaded in abatement the pendency of proceedings by execution, levy and counter-affidavit, in the superior court, had on the foreclosure of a mortgage of personalty, given to secure the notes sued on. He also pleaded in bar the…
1Opinion of the Court
Bleckley, Justice.
1. Upon principle, as well as authority, the pendency of proceedings to foreclose a mortgage, whether upon realty or personalty, is no hindrance to a regular action upon the notes to secure which the mortgage was given. The two actions are unlike, the causes of action are not the same, and the results are dissimilar. A mortgage on realty is foreclosed by petition and rule, Code, §3962; a mortgage on personalty, by affidavit, annexing the same to the mort*75gage, and filing both in the office of the clerk of the superior court, Id., §3971. An ordinary action is instituted…
2Cited by10 opinions
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- Goldsmith-Leslie Co. v. WhiteheadCourt of Appeals of Georgia · 1930
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