Ashworth v. Harper
Supreme Court of Georgia
Affidavit of illegality. Before Judge McWhorter. Hart superior court. March term, 1894. Suit was brought in a justice’s court on a note attached to the summons, for $93.57 principal, with interest from maturity, and “all cost of collection, including ten per cent, attorney’s fees.” Judgment was rendered for $93.57 principal, and $1.70 costs; and execution issued accordingly.
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Affidavit of illegality. Before Judge McWhorter. Hart superior court. March term, 1894. Suit was brought in a justice’s court on a note attached to the summons, for $93.57 principal, with interest from maturity, and “all cost of collection, including ten per cent, attorney’s fees.” Judgment was rendered for $93.57 principal, and $1.70 costs; and execution issued accordingly. It yras levied, and defendant interposed an affidavit of illegality on the ground that the judgment was void for want of jui'isdiction in the justice’s court. This was overruled, and defendant excepted.
1Opinion of the Court
Atkinson, Justice.
The jurisdiction of a justice’s court is fixed by the principal sum claimed in the summons ; and where the summons claims upon a promissory note a principal debt therein stated, and in addition thereto ten per *661cent, for attorney’s fees, both sums constitute a part of a principal debt; and if the amount of the principal debt stated as such in a promissory note be such as that, with the amount of attorney’s fees stipulated and sued for added thereto, the aggregate would exceed one hundred dollars, the justice’s court would be without jurisdiction to render a judgment in the…
2Cases cited2 opinions
- Almand v. AlmandSupreme Court of Georgia · 1894
- Bell & Brother v. RichSupreme Court of Georgia · 1885
3Cited by7 opinions
- Peeples v. StricklandSupreme Court of Georgia · 1897
- Morgan v. Kiser & Co.Supreme Court of Georgia · 1898
- DeLamater v. MartinSupreme Court of Georgia · 1903
- Pickett v. SmithSupreme Court of Georgia · 1895
- Rimes v. WilliamsSupreme Court of Georgia · 1896
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