178 Ga. 90 | Ga. | 1933
(After stating the foregoing facts.) The question in this case is whether a suit in the city court of Quitman should have been consolidated with the equitable petition filed in the present case, upon application of the plaintiffs. Peoples First National Bank of Quitman raised the objections that to consolidate
''A mere privilege to a party to sue at law, or the existence of a common-law remedy not as complete or effectual as the equitable relief, does not deprive equity of jurisdiction. Civil Code (1910), § 4538. Equity by a writ of injunction may restrain proceedings in the same court, and for which no full, complete, and adequate remedy is provided at law. § 5490. Equity seeks to do complete justice, and to give full relief to all parties in reference to the subject-matter of the suit, provided the court has jurisdiction for that purpose. § 4522. In view of the issues involved in this case, and the connection of the various defendants with the subject-matter of this suit, the plaintiff’s remedy at law is not as full, complete, and adequate as it is in equity; and the court below should have enjoined the proceeding on the law side of the court, so that the rights of the parties in both proceedings could be determined in the instant case. Applying the principles above ruled, the court below erred in sustaining the demurrer to the second count of the petition, and in dismissing the same.” Crandall v. Shepard, 166 Ga. 396 (143 S. E. 587).
“The character of the demand does not determine the jurisdiction of the court to entertain the plea of set-off. The right to set off one legal demand against another, other than in cases covered
We are of the opinion that the court erred in refusing an interlocutory injunction restraining the proceedings in the city court of Quitman.
Judgment reversed.