Richardson v. First National Bank

Supreme Court of Georgia

Richardson v. First National Bank

242 S.E.2d 46, 240 Ga. 542, 1978 Ga. LEXIS 702

CourtSupreme Court of Georgia

DecidedJanuary 19, 1978

Docket33001

StatusPublished

This text of 242 S.E.2d 46 (Richardson v. First National Bank) 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

Richardson v. First National Bank, 242 S.E.2d 46, 240 Ga. 542, 1978 Ga. LEXIS 702 (Ga. 1978).

Pincite

Opinion

Hall, Justice.

Appellant was sued on his credit card account in state court, and sought to assert a counterclaim involving personal injury. Since the counterclaim was not within the jurisdiction of that court, appellant sought to enjoin the state court proceedings and to recover damages in the superior court. See Robertson v. Barber, 229 Ga. 553 (193 SE2d 9) (1972). The superior court dismissed the petition for failure to state a claim, and thus denied the equitable relief.

As we interpret the allegations of the complaint, this case is controlled by City Stores Co. v. Henderson, 116 Ga. App. 114 (156 SE2d 818) (1967).

Judgment affirmed.

All the Justices concur, except Marshall, J., who is disqualified. Curtis R. Richardson, pro se. Swift, Currie, McGhee & Hiers, Warner S. Currie, Michael H. Schroder, for appellee.

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