Bass v. Stevens
Supreme Court of Georgia
' Certiorari, from Eloyd Superior Court. Decision by Judge 'Trippe, December Term, 1854. The point presented by this record is whether, in a Justice’s 'Court, when a plea to the jurisdiction is filed, setting forth that defendant does not reside in the district, it is necessary that the plea be sworn to. The Court below held, on certi.ora,ri, that such a plea cannot be filed except on oath; and this decision is alleged as ■error.
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' Certiorari, from Eloyd Superior Court. Decision by Judge 'Trippe, December Term, 1854. The point presented by this record is whether, in a Justice’s 'Court, when a plea to the jurisdiction is filed, setting forth that defendant does not reside in the district, it is necessary that the plea be sworn to. The Court below held, on certi.ora,ri, that such a plea cannot be filed except on oath; and this decision is alleged as ■error. The point arose in an action brought by Absalom Stevens against Nathan Bass, in a Justice’s Court, who pleaded non-residence, but did not swear to the plea. Judgment…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion. .
[1.] This is a certiorari originating in the 962d district, GL M. Two questions have been discussed, one only of which we hold is legitimately made upon the record. Counsel insists that the account was not. sufficiently proven.. No objection of this kind was taken on the trial. Neither is this ground contained in the notice which the defendant gave to the plaintiff, *574of his intention to apply for a certiorari. It comes, therefore, too late.
But concede that this point is properly made. The return of the Magistrate is as'broad as the exception.…
2Cited by3 opinions
- Western & Atlantic Railroad v. StateSupreme Court of Georgia · 1882
- King v. PhillipsSupreme Court of Georgia · 1883
- Garrison v. McGuireCourt of Appeals of Georgia · 1966