Dyar v. Scott
Supreme Court of Georgia
Appeal. Before Judge Milner. Bartow superior court. January term, 1895. An affidavit was made to foreclose a landlord’s lien for $61.74. Defendant claimed, among other defences, a set-off of $39.50. After the suit was commenced, he paid into the justice’s court $35.13, and thereafter judgment was rendered against him for $26.60..
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Appeal. Before Judge Milner. Bartow superior court. January term, 1895. An affidavit was made to foreclose a landlord’s lien for $61.74. Defendant claimed, among other defences, a set-off of $39.50. After the suit was commenced, he paid into the justice’s court $35.13, and thereafter judgment was rendered against him for $26.60.. He appealed to the superior court, where plaintiff moved to dismiss the appeal, for the reason that the sum claimed in the appeal case was less than $50. The motion was overruled.
1Opinion of the CourtLumpkin, J.
This case is controlled by the decision of this court in Bell v. Davis, 93 Ga. 233. See the authorities there cited.
Judgment affvi'med.
2Cited by2 opinions
- Simmons v. AllenCourt of Appeals of Georgia · 1921
- Armstrong & Brother Co. v. CraneCourt of Appeals of Georgia · 1927