James v. Smith
Supreme Court of Georgia
Gertiorcm. Practice in the Superior Court, Justice Courts. Jurisdiction. Constitutional law. Waiver. Tort. Actions. Before Judge McCutchen. Forsyth Superior Court. August Term, 1878. Reported in the opinion. cited as follows r On jurisdiction', 39 Ga., 107 : Code, §3401. Waivei; of tort’ 1 Hilliard on Contracts, 75 ; 2 Gr. onEv., §120 ; 7 Ga., 191; 38 lb., 207, 220 ; 57 lb., 218. On the pleadings, Code, §§4067, 4139, 3332; 21 Ga., 546, 548; Code, §§218, 4284-
1Opinion of the Court
Jackson, Justice.
Smith & Brother sued John W. James on an account in the justice court for fifty-two and a half dollars, the value of a bale of cotton which James had converted and sold. The justice court gave judgment for plaintiffs on proof that the cotton had been seized and sold by the defendant, that it was the plaintiffs’ cotton, and was worth the sum sued for. The defendant moved to dismiss the suit on the ground that the facts made it an action of trover, and that the justice court had no jurisdiction of cases of trover. The jus tice of the peace refused to dismiss; the case was taken…
2Cases cited5 opinions
- Merchants' Bank v. RawlsSupreme Court of Georgia · 1849
- Guilford, Wood & Co. v. McKinleySupreme Court of Georgia · 1878
- Dorsey v. BlackSupreme Court of Georgia · 1875
- Spencer v. HewettSupreme Court of Georgia · 1856
- Gillespie v. ChastainSupreme Court of Georgia · 1876
3Cited by10 opinions
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- Bagley v. Columbus Southern Rwy. Co.Supreme Court of Georgia · 1896
- Mayor of Cartersville v. LyonSupreme Court of Georgia · 1882
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