Reeves v. Reeves

Felton, Chief Judge.

1. The contention of the plaintiff in error that the court should have first passed upon the defend- ■ ant’s demurrers and motion to dismiss the dispossessoiy warrant proceedings under Code• Ann. § 81-1002 is without merit. In this kind of proceeding the court does not have jurisdiction in the absence of the filing of a valid counter-affidavit and bond as required by law, so that the court had first to determine its jurisdiction of the case before it could proceed to pass upon whatever attack was made by the defendant against the original proceedings. Murphey v. McGough,…