Kahn v. Southern Building & Loan Ass'n

1. A plea to the jurisdiction must not only show that the court assuming jurisdiction has none, but must allege that another court in this State has jurisdiction. Civil Code, §5082.

2. The defendant in an action has a right to file a traverse to the return of service of the sheriff or other officer at the first term after learning of the return ; and this is true whether the case is marked in default or not. This rule is not changed by anything in the act of 1900, amending the act establishing the city court of Macon.

3. A plea to the merits which expressly avers that it is filed subject to the…