Thurston v. Wilkerson
Supreme Court of Georgia
Justice courts. Jurisdiction. Waiver. Evidence. Before Judge WRIGHT. Calhoun Superior Court. March Term, 1880. Two suits for $100.00 each were brought in a justice court by Thurston et ux vs. Wilkerson; judgments were rendered in twelve days from the beginning of the suits. Fi. fas. issued and w'ere levied, and affidavits of illegality filed; the justice sustained the illegalities, and plaintiffs appealed.
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Justice courts. Jurisdiction. Waiver. Evidence. Before Judge WRIGHT. Calhoun Superior Court. March Term, 1880. Two suits for $100.00 each were brought in a justice court by Thurston et ux vs. Wilkerson; judgments were rendered in twelve days from the beginning of the suits. Fi. fas. issued and w'ere levied, and affidavits of illegality filed; the justice sustained the illegalities, and plaintiffs appealed. On the trial in the superior court (the two cases being submitted to' the court without a jury) plaintiffs offered to prove by the justice that he had four notes of $50.00 each, on which-…
1Opinion of the Court
Jackson, Chief Justice.
In this case, which was an affidavit of illegality to an execution from a justice court in the year 1872, while those courts had no stated monthly days on which to be held, the main question is, did the court have any jurisdiction to render judgment, it being held twelve days after summoning the defendant, and the date of the summons?
Section 4141 of the Code, as construed in 56 Ga , 282, settles the point. The amount is over fifty dollars, and there could be no legal justice court until twenty days had elapsed after summons. Even if the sum had been less than fifty…
2Cases cited1 opinion
- Mitchell v. BraswellSupreme Court of Georgia · 1877
3Cited by1 opinion
- Mencken v. FinchBaltimore City Court · 1906