First National Bank v. Roberts

Supreme Court of Georgia

First National Bank v. Roberts

166 S.E. 211, 175 Ga. 810, 1932 Ga. LEXIS 340

CourtSupreme Court of Georgia

DecidedOctober 13, 1932

DocketNo. 8991

StatusPublished

Cited by1 cases

This text of 166 S.E. 211 (First National Bank v. Roberts) 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

First National Bank v. Roberts, 166 S.E. 211, 175 Ga. 810, 1932 Ga. LEXIS 340 (Ga. 1932).

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Opinion

Russell, C. J.

1. As a general rule, equity will not enjoin tile proceedings of a court of law, unless there is some intervening equity or other defense of which the party, without fault on his part, can not avail himself at law. Civil Code (1910), § 5492.

2. Any right or cause for relief which may exist in the plaintiff’s favor under the facts alleged in the petition in this case may be asserted as effectually by way of defense to the action in the city court as in a suit for equitable relief. The court did not err in sustaining the demurrer and in dismissing the petition. See House v. Oliver, 123 (7a. 784 (51 S. E. 722); Norton v. Graham, 130 Ga. 391, 394 (60 S. E. 1049); Exchange National Bank v. Senderson, 139 Ga. 260, 262 (77 S. E. 36, 51 L. R. A. (N. S.) 549).

Judgment affirmed.

All the Justices concur, except Atkinson, J., absent. Boykin & Boykin, for plaintiff. S. Holderness and Beall & Beall, for defendant.

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Russell, C. J.

1. As a general rule, equity will not enjoin tile proceedings of a court of law, unless there is some intervening equity or other defense of which the party, without fault on his part, can not avail himself at law. Civil Code (1910), § 5492.

2. Any right or cause for relief which may exist in the plaintiff’s favor under the facts alleged in the petition in this case may be asserted as effectually by way of defense to the action in the city court as in a suit for equitable relief. The court did not err in sustaining the demurrer and in dismissing the petition. See House v. Oliver, 123 (7a. 784 (51 S. E. 722); Norton v. Graham, 130 Ga. 391, 394 (60 S. E. 1049); Exchange National Bank v. Senderson, 139 Ga. 260, 262 (77 S. E. 36, 51 L. R. A. (N. S.) 549).

Judgment affirmed.

All the Justices concur, except Atkinson, J., absent. Boykin & Boykin, for plaintiff. S. Holderness and Beall & Beall, for defendant.

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Bluebook (online)

166 S.E. 211, 175 Ga. 810, 1932 Ga. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-roberts-ga-1932.

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