Smith v. Pope

100 Ga. App. 369 (1959)

111 S.E.2d 155

SMITH

v.

POPE et al.

37784.

Court of Appeals of Georgia.

Decided September 9, 1959.

Rehearing Denied October 8, 1959.

Lawson E. Thompson, for plaintiff in error.

Colley & Orr, Wilbur A. Orr, Jr., contra.

QUILLIAN, Judge.

1. The defense that an account has been split into separate parts in order to bring the amount of each part within the jurisdiction of the justice court must be pleaded. Talbott v. Collier, 102 Ga. 550 (28 S. E. 225).

2. Where the debtor, with knowledge that an account has been divided into separate parts so as to bring each part within the…