Davis v. Wilson
Supreme Court of Georgia
Justice Court. Appeals. Pleadings. Practice in the Superior Court. Before Judge Rice. Gwinnett Superior Court. March Term, 1875. Four suits were commenced in the justice court of the 407th district, G. M., by Wilson against Davis. The summons, in each case, required the appearance of the defendant at a proper time and place, “to answer the plaintiff in an action of debt,” but no description of the debt was therein embraced or thereto attached. Service was acknowledged.
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Justice Court. Appeals. Pleadings. Practice in the Superior Court. Before Judge Rice. Gwinnett Superior Court. March Term, 1875. Four suits were commenced in the justice court of the 407th district, G. M., by Wilson against Davis. The summons, in each case, required the appearance of the defendant at a proper time and place, “to answer the plaintiff in an action of debt,” but no description of the debt was therein embraced or thereto attached. Service was acknowledged. Judgments were rendered for the plaintiff, and the cases carried by appeal to the superior court. They were there, by…
1Opinion of the Court
Bleckley, Justice.
Justice courts are not courts of record; their proceedings are summary and simple; professional skill is not required to conduct them; full and regular pleadings in them are impracticable, and not to be demanded. The Code, in section 4139, prescribes that all suits before justices of the peace shall be commenced by written summons, directed to any lawful constable of the county, “commanding the defendant to appear at the time and place of trial, which time and place shall be specified in said summons.” What else the summons is to contain, if anything, is no where laid down.…
2Cases cited1 opinion
- Woods v. Johnson & SmithSupreme Court of Georgia · 1877
3Cited by1 opinion
- Atlanta & West Point Railroad v. HudsonSupreme Court of Georgia · 1879