Dowdle v. Stein
Supreme Court of Georgia
Complaint — appeal. Before Judge Littlejohn. Sumter superior court. November term, 1896. Suit was brought to the monthly term of the county court, for $100, besides interest, upon a promissory note for $101.58 principal.
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Complaint — appeal. Before Judge Littlejohn. Sumter superior court. November term, 1896. Suit was brought to the monthly term of the county court, for $100, besides interest, upon a promissory note for $101.58 principal. The defendant filed a demurrer on the grounds that the monthly term of the county court had no jurisdiction of the amount of the note, that the amount in excess of $100 was not expressly reduced or remitted by the plaintiff before the suit was filed, and that it was not alleged that the defendant consented to the same. The defendant pleaded that the monthly term of the county…
1Opinion of the CourtSimmons, C. J.
Section 4194 of the Civil Code, in treating of the jurisdiction of the monthly sessions of county courts, provides that at such sessions the court may entertain jurisdiction of suits in which the amount of the principal, .or of damages claimed, does not exceed one hundred dollars. While the note sued on in the present case was for more than one hundred dollars, the petition filed by the plaintiff claimed only one hundred dollars, which, under this section, gave the court jurisdiction. Section 4195 of the Civil Code authorizes any person desiring^ to bring his claim within the jurisdiction of…
2Cases cited3 opinions
- Peeples v. StricklandSupreme Court of Georgia · 1897
- Wilhelms v. Noble Bros. & Co.Supreme Court of Georgia · 1867
- Stewart v. Thompson & Co.Supreme Court of Georgia · 1890