Georgia Court of Appeals, 1911

Howe v. Bernheim Distilling Co.

Howe v. Bernheim Distilling Co.
Georgia Court of Appeals · Decided February 15, 1911 · Russell
8 Ga. App. 771; 70 S.E. 176; 1911 Ga. App. LEXIS 142

Howe v. Bernheim Distilling Co.

Opinion of the Court

Russell, J.

The court did not err in striking the plea, because the action was proceeding ex contractu, and the defendant attempted to set off a. matter ex delicto and to obtain a judgment against the plaintiff. The *772decision of the case is controlled by the ruling in Hecht v. Snook, 114 Ga. 921 (41 S. E. 74). Judgment affirmed.

Decided February 15, 1911.. Complaint; from city court of Americus — Judge Crisp. February 4, 1910. oShipp & 'Sheppard, for plaintiff in error. Allen Fort & Son, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.