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BERNATH v. MALLOY

31948.

238 Ga. 584 (1977)

234 S.E.2d 502

BERNATH v. MALLOY et al.

Supreme Court of Georgia.

Decided April 5, 1977.

Attorney(s) appearing for the Case

Katz, Paller & Land, G. Roger Land, John E. Robinson, for appellant.

O'Callaghan, Saunders & Stumm, Richard L. Stumm, for appellees.

HALL, Justice.

This is an appeal from an order of the Superior Court of DeKalb County denying a request to enjoin prosecution in the State Court of DeKalb County.

In February 1974 Capital Land Investments bought certain property from appellant Bernath. The sale was consummated in part by a promissory note and a deed to secure debt. The appellant's real estate agent was compensated in part with a broker's note. Subsequent...

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