Legal Opinion

Rimes v. Williams

Supreme Court of Georgia

Decided August 3, 1896PublishedCited by 5 opinions

Complaint for land. Before Judge Gamble. Bulloch superior court. October term, 1895.

1Opinion of the CourtSimmons, C. J.

1. Where a promissory note for the principal sum of one hundred dollars, containing also a stipulation to pay ten per cent, .as 'attorney’s fees, was sued on in a justice’s court, tlhe summons requiring the defendant “to he and appear at the next justice’s court . . to answer the complaint of [the plaintiff] in .an action upon a note, a copy of which said note is attached to this summons” (and a copy of the note being attached, as stated), it was an action for attorney’s fees as well as for the principal sum named in the note, and therefore beyond the jurisdiction of that court. Almand v.…

2Cases cited3 opinions

  1. Almand v. AlmandSupreme Court of Georgia · 1894
  2. Ashworth v. HarperSupreme Court of Georgia · 1895
  3. Bell & Brother v. RichSupreme Court of Georgia · 1885

3Cited by5 opinions

  1. Peeples v. StricklandSupreme Court of Georgia · 1897
  2. Exchange Bank v. Apalachian Land & Lumber Co.Supreme Court of North Carolina · 1901
  3. Morgan v. Kiser & Co.Supreme Court of Georgia · 1898
  4. DeLamater v. MartinSupreme Court of Georgia · 1903
  5. Berry v. Consumer Credit of ValdostaCourt of Appeals of Georgia · 1971

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