Wimberly v. Ocmulgee Guano Co.

In DeLamater v. Martin, supra, Mr. Justice Candler says: “At the time of bringing -the suit the plaintiff had not given the notice required by the act of 1900, and therefore he could in no event have recovered attorney’s fees in this action. It is clear that, under the ruling in the case last cited [Pickett v. Smith, 95 Ga. 757, 22 S. E. 669], he had the right to sue for the principal debt alone. It is true that in the summons first issued he apparently sued for an amount beyond the jurisdiction of the justice’s court, but as a matter of fact, not having given the requisite notice of his…