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.
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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…
1Opinion of the CourtBroyles, C. J.
1. “The right of one sued at law in an action ex contractu to set off damages arising out of a tort committed by the plaintiff, on the ground that the latter is insolvent or is a non-resident, is a right in *419this State recognized only by a court of equity.” Hecht v. Snook & Austin Co., 114 Ga. 921 (1), 928 (41 S. E. 74); Geer v. Cowart, 5 Ga. App. 251 (62 S. E. 1054). See also Smith v. Green, 128 Ga. 90 (4) (57 S. E. 98). Under the above ruling the city court of Americus had no jurisdiction to entertain that part of the defendant’s plea which set up as a defense damages arising ex delicto.
Decid…
Also in this document: Concurrence.
2Cases cited20 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Harden v. LangSupreme Court of Georgia · 1900
- Arnold v. CarterSupreme Court of Georgia · 1906
- House v. OliverSupreme Court of Georgia · 1905
- National Bank v. CarltonSupreme Court of Georgia · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Porter v. Davey Tree-Expert Co.Court of Appeals of Georgia · 1925
- Powell v. BarkerCourt of Appeals of Georgia · 1957
- Nixon v. NixonSupreme Court of Georgia · 1942
- Bibb Basket Co. v. Eufaula Bank & Trust Co.Court of Appeals of Georgia · 1930
- Carratt v. RitschCourt of Appeals of Georgia · 1958
2 more not listed; retrieve them via the Exa API.