Giles v. Spinks
Supreme Court of Georgia
Jurisdiction. Verdict. Damages. Practice in the Superior Court. .Before Judge Simmons. Houston Superior Court. November Adjourned Term, 1878. This was a suit by the ordinary for use of Jaques & Johnson against Spinks, constable, and the sureties on his bond.
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Jurisdiction. Verdict. Damages. Practice in the Superior Court. .Before Judge Simmons. Houston Superior Court. November Adjourned Term, 1878. This was a suit by the ordinary for use of Jaques & Johnson against Spinks, constable, and the sureties on his bond. The case was brought in the county court of Houston county; the breach alleged was the failure to realize the amount, of- two fi. fas. placed in his hands, bearing interest as stated in them ; the damages were laid at $100.00-The county judge rendered judgment for plaintiff for the principal sum of $97.79, and defendants appealed. On the…
1Opinion of the Court
Jackson, Justice.
The plaintiff sued, on a constable’s bond, the constable and his sureties for damage arising from failure to levy, laying his damage at one hundred dollars in the declaration. The suit was brought in the county court of Houston *207county returnable to its monthly session. The jurisdiction at these sessions of that court is oné'laundred dollars. The case was taken by appeal to the superior court, where verdict was had for more than one hundred dollars, and the judgment was arrested.
1. It is the amount of damages laid in the declaration that fixes the jurisdiction, and not the…
2Cases cited3 opinions
- Tyler Cotton Press Co. v. ChevalierSupreme Court of Georgia · 1876
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- Beckwith v. Carleton & Co.Supreme Court of Georgia · 1854
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- Jackson v. HoustonSupreme Court of Georgia · 1946
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