188 Ga. 778 | Ga. | 1939
Automobiles operated by Charles Otis and Ralph T. Cheeves were involved in a collision. Otis filed suit in the, municipal court ,of Atlanta, Eulton section (now civil court of
The demurrer, so far as material here, was as follows: “Paragraphs fifteen and sixteen and subparagraphs two, three, four, and five of the prayer should be stricken, for the reason that the allegations therein are irrelevant and immaterial, because this court has no authority to entertain a petition for nor to grant the relief
The first paragraph of the demurrer is not argued in this court, and may be treated as abandoned. See Moore v. Medlock, 101 Ga. 94 (28 S. E. 836). “Equity, by writ of injunction, may restrain proceedings in another or the same court, or a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided by law.” Code, § 55-101. “Equity will not enjoin the proceedings and processes of a court of law, unless there shall be some intervening equity or other proper defense of which the party, without fault on his part, can not avail himself at law. . .” § 55-103. In Kirkpatrick v. Holland, 148 Ga. 708 (98 S. E. 265), Holland filed suit against Kirkpatrick in the municipal court of Atlanta, to recover $390, which he claimed to have paid Kirkpatrick under a contract of sale of certain land. Holland claimed that Kirkpatrick, the vendor, could not comply with his undertakings in the bond for title, and that for this reason he was entitled to recover the $390 which he had paid on the purchase-price. Kirkpatrick filed suit against Holland in the superior court, alleging that he held purchase-money notes against defendant, growing out of the same contract set up by defendant in-his suit in the municipal court; that he had the right to have his claim adjudicated in the same action filed by defendant in the municipal court, but that on account of the limited jurisdiction of the municipal court, which could not entertain claims in excess of $500, he could not file a cross-action on said notes to the
Counsel for plaintiff in error points out that in each of the above-
Judgment affirmed.