Reedy v. Helms
Supreme Court of Georgia
Justice Courts. Appeals. Before Judge James Johnson. Talbot Superior Court. September Term, 1874. Helms brought suit against Reedy in the justice court for the nine hundred and fourth district, on an account for $34 98. The defendant pleaded set-off of an account for $97 85. The court rendered judgment for the plaintiff for $28 23. The defendant appealed to the superior court.
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Justice Courts. Appeals. Before Judge James Johnson. Talbot Superior Court. September Term, 1874. Helms brought suit against Reedy in the justice court for the nine hundred and fourth district, on an account for $34 98. The defendant pleaded set-off of an account for $97 85. The court rendered judgment for the plaintiff for $28 23. The defendant appealed to the superior court. In the latter tribunal the plaintiff moved to dismiss the appeal because the amount sued for by him was for less than $50 00. The defendant objected that his plea of set-off covered an amount exceeding $50 00. The…
1Opinion of the Court
Trippe, Judge.
The constitution, in article V., section 6, ordains that “justices of the peace shall have jurisdiction, except as hereinafter provided, in all civil cases where the principal sum claimed does not exceed $100 00, and may sit at any time for the trial •of'such cases; but in cases where the sum claimed is more ithan $50 00, there may be an appeal to the superior court, ■under such regulations as may be prescribed by law.” Does this give the right of appeal only in cases where the plaintiff ■claims more than $50 00, or does it allow the appeal when the defendant pleads a set-off…
2Cited by3 opinions
- Cox v. Dolvin Realty Co.Court of Appeals of Georgia · 1937
- Calhoun v. Citizens Banking Co.Supreme Court of Georgia · 1901
- Wheeless v. CarterSupreme Court of Georgia · 1904