Cities Service Oil Company v. Cronan

Full title: CITIES SERVICE OIL COMPANY v. CRONAN

Court: Court of Appeals of Georgia

Date published: May 18, 1971

182 S.E.2d 484 (Ga. Ct. App. 1971)

123 Ga. App. 794

Opinion

45967.

SUBMITTED FEBRUARY 3, 1971.

DECIDED MAY 18, 1971.

Action on account. Fulton Civil Court. Before Judge Camp.

Grizzard, Jones, Parker Simons, Richard L. Parker, for appellant.

HALL, Presiding Judge.

In an action on an account brought in the Civil Court of Fulton County, plaintiff appeals from the denial of its motion to dismiss the defendant's counterclaim. The court certified the order for immediate review.

The counterclaim is based on an alleged tortious act and seeks recovery for property damage. Plaintiff contends the Civil Court has no jurisdiction to entertain the counterclaim. It cites cases which held that such a setoff of claims could only be done in equity, and asserts (correctly) that the Civil Court has no equitable jurisdiction.

However, the cited cases were decided before the enactment of the Civil Practice Act which allows the broadest assertion of counterclaims. Code Ann. § 81A-113. The Civil Court has jurisdiction in property damage actions. Southeastern Fair Assn. v. Ford, 64 Ga. App. 871 ( 14 S.E.2d 139). It follows that under the Civil Practice Act, it also has jurisdiction where these actions are raised as counterclaims.

Judgment affirmed. Eberhardt and Whitman, JJ., concur.

SUBMITTED FEBRUARY 3, 1971 — DECIDED MAY 18, 1971.