Calhoun v. Citizens Banking Co.

Supreme Court of Georgia

Calhoun v. Citizens Banking Co.

38 S.E. 977, 113 Ga. 621, 1901 Ga. LEXIS 330

CourtSupreme Court of Georgia

DecidedMay 25, 1901

StatusPublished

Cited by5 cases

This text of 38 S.E. 977 (Calhoun v. Citizens Banking Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calhoun v. Citizens Banking Co., 38 S.E. 977, 113 Ga. 621, 1901 Ga. LEXIS 330 (Ga. 1901).

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Opinion

Little, J.

1. A plea of set-off is a cross-action, and after it is filed the defendant is, in any event, entitled to prove his case and have judgment against the plaintiff, if it is authorized by the evidence. This right the plaintiff can not defeat by dismissing his action ; nor should the court on its own motion dismiss or nonsuit the case, and thus deprive the defendant of his right to proceed and make out his cross-action against the plaintiff. Civil Code, § 3754 ; Reedy v. Helms, 54 Ga. 121; Crane v. Barry, 60 Ga. 363; Lewis v. Wall, 70 Ga. 648.

2. When a plea of set-off has been filed in a case, it becomes a part of the record thereof, and as such may, in the submission of a motion by counsel, be so treated, without actually “ exhibiting ” it to the court for inspection.

Judgment reversed.

All the Justices concurring.

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Little, J.

1. A plea of set-off is a cross-action, and after it is filed the defendant is, in any event, entitled to prove his case and have judgment against the plaintiff, if it is authorized by the evidence. This right the plaintiff can not defeat by dismissing his action ; nor should the court on its own motion dismiss or nonsuit the case, and thus deprive the defendant of his right to proceed and make out his cross-action against the plaintiff. Civil Code, § 3754 ; Reedy v. Helms, 54 Ga. 121; Crane v. Barry, 60 Ga. 363; Lewis v. Wall, 70 Ga. 648.

2. When a plea of set-off has been filed in a case, it becomes a part of the record thereof, and as such may, in the submission of a motion by counsel, be so treated, without actually “ exhibiting ” it to the court for inspection.

Judgment reversed.

All the Justices concurring.

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Bluebook (online)

38 S.E. 977, 113 Ga. 621, 1901 Ga. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoun-v-citizens-banking-co-ga-1901.

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