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MITCHELL v. OLIVER

41568, 41569.

254 Ga. 112 (1985)

327 S.E.2d 216

MITCHELL v. OLIVER; and vice versa.

Supreme Court of Georgia.

Decided March 15, 1985.

Attorney(s) appearing for the Case

Adams, Hemingway & Hemingway, Tim D. Hemingway, for appellant.

John E. Simmons, for appellee.

BELL, Justice.

In 1981 Mrs. Jamie V. Mitchell filed a four-count complaint against Warren H. Oliver, Jr. In her first count she sought cancellation of a promissory note and security deed on the ground of usury. In her second count she prayed for the court to award liquidated damages and attorney fees pursuant to Ga. L. 1975, p. 1134 (OCGA § 44-14-3).1 Her third count was for attorney fees due to bad faith and stubborn litigiousness...

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