KYBURZ v. COBB BANK & TRUST COMPANY

33435.

241 Ga. 298 (1978)

245 S.E.2d 275

KYBURZ v. COBB BANK & TRUST COMPANY et al.

Supreme Court of Georgia.

Decided May 2, 1978.


Attorney(s) appearing for the Case

Downey, Cleveland & Moore, John H. Moore, Joseph C. Parker, for appellant.

Berthold & Gordon, Jerry L. Berthold, James J. Brissette, Charles A. Evans, Howard H. Johnston, William H. Swartz, for appellees.


MARSHALL, Justice.

The contended basis for jurisdiction of this court in this appeal is an attack on the constitutionality of Ga. L. 1962, pp. 156, 422 (Code Ann. § 109A-9-503) which was made in the defendant-appellant's counterclaim to the appellee-plaintiff's suit on a promissory note.

However, the appellee's action in seizing the deposits of the appellant in his checking account with the appellee bank was done pursuant to a contractual right of set...

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