DUCKWORTH, Chief Justice.
1. "A defendant can not decline to litigate in a suit in which he has already been brought into court, by bringing another action, since he is bound to set up all defenses in the first suit, either legal or equitable, whether or not they involve the granting of affirmative relief. Code Ch. 37-9; McCall v. Fry, 120 Ga. 661 (48 S. E. 200); Clay v. Smith,
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