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Conwell v. Neal et al.

Supreme Court of Georgia1902-04-29
115 Ga. 421

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Lumpkin, P. J.

An equitable petition to enjoin a pending action at law and bring the plaintiff therein to a settlement of certain cross-demands is not good when insolvency is not alleged, and when no reason appears why the plaintiff in the equitable proceeding can not, in defense to such action, set up those cross-demands against the other party. Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.