Norment v. Wofford, 36168
| Decision Date | 09 September 1980 |
| Docket Number | No. 36168,36168 |
| Citation | 271 S.E.2d 214,246 Ga. 281 |
| Parties | NORMENT v. WOFFORD. |
| Court | Georgia Supreme Court |
D. Richard Jones, III, Atlanta, for appellant.
Mitchell A. Gross, Atlanta, for appellee.
Under Code Ann. § 55-103, the superior court in "(e)quity will not enjoin the proceedings and processes of a court of law, unless there shall be some intervening equity or other proper defense of which the party, without fault on his part, cannot avail himself at law." Appellant Norment sought an injunction under this section because she could not raise her tort counterclaim because of lack of jurisdiction 1 in the state court to entertain it. The trial court refused the injunction. We reverse.
Under the allegations of both of the complaints, 2 it appears that both claims arise out of the same factual setting. Bragg v. Gavin, 234 Ga. 70, 214 S.E.2d 532 (1975). Therefore it is error for the trial court to refuse to enjoin the proceedings in the state court so that the issues presented by these facts may be tried together. Carswell v. Scott, 225 Ga. 798, 171 S.E.2d 499 (1969); Otis v. Graham Paper Co., 188 Ga. 778, 4 S.E.2d 824 (1939).
Judgment reversed.
All the Justices concur.
1 The State Court of Fulton County has no jurisdiction of tort claims resulting in personal injury.
2 Wofford sued Norment for conversion of her horse in the State Court of Fulton County. Norment sued Wofford in the Superior Court of Fulton County for defamation and false imprisonment.
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