Johnson v. Johnson
Supreme Court of Georgia
Appeal. Before Judge Reagan. Spalding superior court. August 15, 1900. The suit originated in a justice’s court. The exceptions are to the overruling of motions in the superior court, on appeal trial, to dismiss the case for want of jurisdiction, because it was a suit for $100, and ten per cent, attorney’s fees; to strike an amendment by which credits on the note were allowed to the extent of $13.83, under a contract referred to in the note sued on; to dismiss the case for…
Read the full summary
Appeal. Before Judge Reagan. Spalding superior court. August 15, 1900. The suit originated in a justice’s court. The exceptions are to the overruling of motions in the superior court, on appeal trial, to dismiss the case for want of jurisdiction, because it was a suit for $100, and ten per cent, attorney’s fees; to strike an amendment by which credits on the note were allowed to the extent of $13.83, under a contract referred to in the note sued on; to dismiss the case for the reason before stated, and because the plaintiff could not, by amendment in the superior court, bring the case within…
1Opinion of the CourtCobb, J.
The verdict in favor of the plaintiff was for an amount less than that admitted by the defendant in his plea to be due, and therefore he has no right to complain, unless he can establish that the court was without jurisdiction to render any judgment in the case. The case made by the original summons and the copy note attached thereto was beyond the jurisdiction of the justice’s court. The attorney’s fees stipulated for in the note were a part of the principal, and attaching a note containing such a stipulation as an exhibit to the summons, when there was nothing in the summons to indicate…
2Cases cited8 opinions
- Peeples v. StricklandSupreme Court of Georgia · 1897
- Cox, Hill & Thompson v. StantonSupreme Court of Georgia · 1877
- Morgan v. Kiser & Co.Supreme Court of Georgia · 1898
- Austell v. City of AtlantaSupreme Court of Georgia · 1897
- Epperly v. LittleIndiana Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Leniston v. BonfiglioCourt of Appeals of Georgia · 1976
- Stovall & Brother v. JoinerCourt of Appeals of Georgia · 1911
- DeLamater v. MartinSupreme Court of Georgia · 1903
- Sloan v. SmithCourt of Appeals of Georgia · 1923
- MacDonald v. WareCourt of Appeals of Georgia · 1916
1 more not listed; retrieve them via the Exa API.