Williams v. Sulter
Supreme Court of Georgia
Jurisdiction. Justice Courts. Judgments. Illegality. Before Judge Adams. Chatham Superior Court. December Term, 1885. Esau Williams brought his action against Rosa Suiter to the May term, 1885, of a justice’s court, to recover $100 damages, on the ground that the defendant maliciously and without probable cause sued out a garnishment and. had the plaintiff’s daily wages garnished; that the gar- • nishment was dismissed on the hearing; and that the1 plaintiff had lost his…
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Jurisdiction. Justice Courts. Judgments. Illegality. Before Judge Adams. Chatham Superior Court. December Term, 1885. Esau Williams brought his action against Rosa Suiter to the May term, 1885, of a justice’s court, to recover $100 damages, on the ground that the defendant maliciously and without probable cause sued out a garnishment and. had the plaintiff’s daily wages garnished; that the gar- • nishment was dismissed on the hearing; and that the1 plaintiff had lost his employment by reason .of it, and had! been put to the expense of attorney’s fees. No plea toe the jurisdiction was filed.…
1Opinion of the Court
Hall, Justice.
One question made by this record is, whether an action for suing out a garnishment maliciously and without probable cause is cognizable in a justice’s court, where the amount of damages claimed does not exceed one hundred dollars, and whether, where a judgment is rendered in favor of the plaintiff; on which a fi. fa. has issued and been levied on defendant’s property, its execution can b¿ arrested by an affidavit of illegality, alleging that the entire proceeding was coram non'judice and void.
1. These are courts of limited jurisdiction and can take nothing by intendment. They…
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