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Bayne v. A. J. Deer Company Incorporated et al.

Supreme Court of Georgia1924-06-11No. No. 3872
158 Ga. 401

Authorities cited

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Opinion

majority opinion

Hill, J.

Under tlie pleadings and the evidence in this ease, the court did not err in revoking the temporary restraining order and in refusing an injunction. Judgment affirmed.

All the Justices coneur.

The defendant filed an answer admitting some of the facts alleged and denying others. It was averred that the presiding judge of the municipal court did not rule that the defense that the machine was totally worthless could not be set up as a defense; but that such defense was set up and rejected under the evidence by the court, for the reason that it failed to establish such defense. The allegation that the plaintiff could locate no property of the defendant in this jurisdiction, out of which to satisfy a judgment which might be recovered in this action, was denied, as-well as the allegation that the plaintiff had no adequate remedy at law, and that the defendant, by reason of the judgment obtained in the municipal court, will be authorized to collect a debt out of the plaintiff which he does not owe. It was averred that the debt owing by the plaintiff to the defendant was duly set up and established by the judgment of the municipal court, and that the plaintiff is now estopped to deny the validity of said judgment or question. the justness of the debt, etc. On the hearing the court re- yoked the temporary restraining order, and denied the injunction prayed for. To this judgment the plaintiff excepted.

Lawton Nalley, for plaintiff. George B. Bush, for defendants.