Field v. Peel
Supreme Court of Georgia
Certiorari. Before Judge Roan. Fulton superior court, April 23,1904. Summons of garnishment was issued on a judgment rendered by a justice of the peace, and a claim to a fund thus brought into court was filed by Peel. The plaintiff introduced in evidence the justice’s docket. The docket showed that at the April term, 1900, suit on an account was brought by Field against the Atlanta Horse Exchange.
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Certiorari. Before Judge Roan. Fulton superior court, April 23,1904. Summons of garnishment was issued on a judgment rendered by a justice of the peace, and a claim to a fund thus brought into court was filed by Peel. The plaintiff introduced in evidence the justice’s docket. The docket showed that at the April term, 1900, suit on an account was brought by Field against the Atlanta Horse Exchange. The following entry appeared on the docket: “ Bill of particulars demanded, and con’t.” The docket further showed that on May 1, 1900, judgment was rendered in favor of the plaintiff. The claimant…
1Opinion of the CourtCobb, J.
A court having jurisdiction of the subject-matter of a controversy, and having acquired jurisdiction of the parties, has authority to render a final judgment in the case. The proposition just stated is in its nature axiomatic; but a court having jurisdiction both of the parties and subject-matter may, before final judgment is entered, lose jurisdiction of either or both. The controlling question in the present case is whether the granting of a continuance by a justice of the peace and an entry to that effect on his docket operate to oust the jurisdiction of that court until the time arrives…
2Cases cited7 opinions
- Gray v. McNealSupreme Court of Georgia · 1853
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- Doughty, Pearson & Co. v. WalkerSupreme Court of Georgia · 1875
- White v. MandevilleSupreme Court of Georgia · 1884
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3Cited by7 opinions
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