Calhoun v. Citizens Banking Co.
Cases that cite this one
5 later published cases cite this decision.
- Butler v. Pickens (Ga. Ct. App. 1928)
- Rice-Stix Dry Goods Co. v. Friedlander Bros. (Ga. Ct. App. 1923)
- Handley v. McKee (Ga. Ct. App. 1911)
- Croft v. Broxton Artificial Stone Works (Ga. Ct. App. 1908)
- Wheeless v. Carter (Ga. 1904)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. A plea of set-off is a cross-action, and after it is filed the defendant is, in any event, entitled to prove his case and have judgment against the plaintiff, if it is authorized by the evidence. This right the plaintiff can not defeat by dismissing his action ; nor should the court on its own motion dismiss or nonsuit the case, and thus deprive the defendant of his right to proceed and make out his cross-action against the plaintiff. Civil Code, § 3754 ; Reedy v. Helms, 54 Ga. 121; Crane v. Barry, 60 Ga. 363; Lewis v. Wall, 70 Ga. 648.
2. When a plea of set-off has been filed in a case, it becomes a part of the record thereof, and as such may, in the submission of a motion by counsel, be so treated, without actually “ exhibiting ” it to the court for inspection.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.