CITY STORES COMPANY v. HENDERSON

42819.

116 Ga. App. 114 (1967)

156 S.E.2d 818

CITY STORES COMPANY v. HENDERSON et al.

Court of Appeals of Georgia.

Decided June 15, 1967.

Rehearing Denied June 30, 1967.


Attorney(s) appearing for the Case

Neely, Freeman & Hawkins, Thomas G. Harper, Jr., for appellant.

Henry M. Henderson, for appellees.


EBERHARDT, Judge.

1. Appellees, Mr. and Mrs. Henderson, have filed a motion to transfer the case to the Supreme Court on the ground that the setting off of an ex contractu claim against an ex delicto action involves the exercise of equity powers of the trial court, hence asserting that this is an equity case.

We decline to transfer the case because we can find nothing in it requiring the exercise of equity powers. In a legal sense no setoff is involved. "A...

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