Supreme Court of Georgia, 1902

Conwell v. Neal

Conwell v. Neal
Supreme Court of Georgia · Decided April 29, 1902 · Lumpkin
115 Ga. 421; 41 S.E. 629; 1902 Ga. LEXIS 434

Conwell v. Neal

Opinion of the Court

Lumpkin, P. J.

An equitable petition to enjoin a pending action at law and bring the plaintiff therein to a settlement of certain cross-demands is not good when insolvency is not alleged, and when no reason appears why the plaintiff in the equitable proceeding can not, in defense to such action, set up those cross-demands against the other party.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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