Whelchel v. Cox

1. in. an appeal to the superior court from a judgment rendered for the plaintiff in a justice’s court upon an unconditional contract in writing, where no appearance was made nor any plea filed by the defendant in the justice’s court, and this fact was made to appear upon the hearing of a motion to dismiss in the superior court, the judge of the superior court properly dismissed the appeal brought by the defendant. Smith v. Chivers, 6 Ga. App. 154 (64 S. E. 493) ; Morgan v. Prior, 110 Ga. 791 (36 S. E. 75).

2. A recital in a judgment rendered in passing upon a motion, as to what facts appeared…