130 Ga. 391 | Ga. | 1908
(After stating the facts.)
The allegations contained in the plea of the defendant to the suit in the city court set up a good defense of which the city court had jurisdiction. In this plea he avers, that the land for the pur
This is not such a suit “respecting titles to land” as would deprive the city court of jurisdiction to entertain it and to render a verdict and judgment in favor of the defendant, should he be entitled thereto. The title to the land was only incidentally or collaterally involved. Blade v. Fritz, 98 Ga. 32 (25 S. E. 188) ; Osmond v. Flournoy, 34 Ga. 509 ; Hicks v. Kiser, 103 Ga. 738 (30 S. E. 583).
The plaintiff in error, in his j>lea as defendant to the suit in. the city court, prayed for a cancellation of the note sued on, and complains that the city court has no jurisdiction to cancel the note, and that it was therefore proper that the city court be enjoined, in. order that this issue may be decided in a court of equity having jurisdiction of the cancellation of instruments. A final judgment in favor of the defendant, in the suit which is based on this note, would free the defendant from any danger of ever having to pay it, and would be as effectual to rid him of the .obligation of the note as would a decree, cancelling the same, and he has no need of a. court of equity for this purpose. House v. Oliver, 123 Ga. 784 (51 S. E. 722).
The plaintiff in error having shown no necessity for enjoining the prosecution of the suit pending in the city court, the judgment refusing an injunction is Affirm'ed.