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LOWRY v. SMITH

38807.

103 Ga. App. 601 (1961)

120 S.E.2d 47

LOWRY v. SMITH, by Next Friend.

Court of Appeals of Georgia.

Decided April 28, 1961.

Attorney(s) appearing for the Case

Lucio L. Russo, for plaintiff in error.

Richard G. Greer, contra.

FRANKUM, Judge.

"A defendant can not decline to litigate in a suit in which he has already been brought into court by bringing another action, since he is bound to set up all defenses in the first suit, either legal or equitable, whether or not they involve the granting of affirmative relief." Jeffrey McElreath Mfg. Co. v. Hill, 212 Ga. 183 (1) (91 S.E.2d 337). See also Mitchell v. State...

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