Legal Opinion

Everidge v. Berrys & Co.

Supreme Court of Georgia

Decided June 25, 1894PublishedCited by 9 opinions

Certiorari. Before Judge Henry. Bartow superior court. January term, 1893. A suit on an account for $147.49 was brought, February 17th, 1885, to the April monthly term of the-county court of Bartow. At that term defendant appeared and moved to dismiss the case on the ground that said term had no jurisdiction.

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Certiorari. Before Judge Henry. Bartow superior court. January term, 1893. A suit on an account for $147.49 was brought, February 17th, 1885, to the April monthly term of the-county court of Bartow. At that term defendant appeared and moved to dismiss the case on the ground that said term had no jurisdiction. The motion was overruled, and the judge, over defendant’s objection,, ordered that the suit be passed to the next June quarterly term which should be the appearance term. At that term defendant appeared and demurred on the grounds, 1st, that the court to which the suit was brought-had no…

1Opinion of the Court

Lumpkin, Justice.

In addition to the brief report of the facts contained in the reporter’s statement, it is only necessary to add that the record does not show the ease had been finally disposed of in the county court when the certiorari was sued out. In the argument here, counsel did not so claim, but contended that the plaintiff' in certiorari had the right to take the case up to the superior court before its final disposition in the county court, because if the decision of which he complained (being one involving the jurisdiction of the court) had been otherwise, it would have been a final…

2Cited by9 opinions

  1. Coen v. CDC Software Corp.Supreme Court of Georgia · 2018
  2. Single Manufacturing Co. v. McNeal Paint & Glass Co.Supreme Court of Georgia · 1903
  3. Nalley & Co. v. MooreCourt of Appeals of Georgia · 1935
  4. Johnson v. BarrettCourt of Appeals of Georgia · 1921
  5. Reed v. Kriegshaber & Son Inc.Court of Appeals of Georgia · 1931

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