Arnold v. Wilson

Court of Appeals of Georgia

Arnold v. Wilson

274 S.E.2d 804, 156 Ga. App. 448, 1980 Ga. App. LEXIS 3061

CourtCourt of Appeals of Georgia

DecidedNovember 13, 1980

Docket60967

StatusPublished

Cited by1 cases

This text of 274 S.E.2d 804 (Arnold v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arnold v. Wilson, 274 S.E.2d 804, 156 Ga. App. 448, 1980 Ga. App. LEXIS 3061 (Ga. Ct. App. 1980).

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Opinion

Banke, Judge.

The appellant filed an action in trover to obtain possession of a mobile home, and the appellee counterclaimed to recover personal property alleged to be in possession of the appellant. The sole issue on appeal is whether a counterclaim is impermissible in a trover action in the absence of a showing that the plaintiff is a non-resident or is insolvent. Held:

The Civil Practice Act “shall apply to all special statutory proceedings except to the extent that specific rules of practice and procedure in conflict herewith are expressly prescribed by law, but, in any event, the provisions of this Title governing the sufficiency of pleadings; defenses; amendments; counterclaims; cross-claims; . . . shall apply to all such proceedings.” Code Ann. § 81A-181 (CPA § 81). The counterclaim was one properly entertained pursuant to Code Ann. § 81A-113, and the trial court’s denial of the appellant’s motion to dismiss was not error. As indicated by the editorial note accompanying Code Title 107 (Trover), the CPA governs proceedings in all Georgia courts of record.

Judgment affirmed.

McMurray, P. J., and Smith, J., concur.

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Banke, Judge.

The appellant filed an action in trover to obtain possession of a mobile home, and the appellee counterclaimed to recover personal property alleged to be in possession of the appellant. The sole issue on appeal is whether a counterclaim is impermissible in a trover action in the absence of a showing that the plaintiff is a non-resident or is insolvent. Held:

The Civil Practice Act “shall apply to all special statutory proceedings except to the extent that specific rules of practice and procedure in conflict herewith are expressly prescribed by law, but, in any event, the provisions of this Title governing the sufficiency of pleadings; defenses; amendments; counterclaims; cross-claims; . . . shall apply to all such proceedings.” Code Ann. § 81A-181 (CPA § 81). The counterclaim was one properly entertained pursuant to Code Ann. § 81A-113, and the trial court’s denial of the appellant’s motion to dismiss was not error. As indicated by the editorial note accompanying Code Title 107 (Trover), the CPA governs proceedings in all Georgia courts of record.

Judgment affirmed.

McMurray, P. J., and Smith, J., concur.

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Bluebook (online)

274 S.E.2d 804, 156 Ga. App. 448, 1980 Ga. App. LEXIS 3061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-wilson-gactapp-1980.

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