Continental Aid Ass'n v. Hand

Court of Appeals of Georgia

Continental Aid Ass'n v. Hand

91 S.E. 1056, 19 Ga. App. 658, 1917 Ga. App. LEXIS 293

CourtCourt of Appeals of Georgia

DecidedApril 4, 1917

Docket7988

StatusPublished

Cited by1 cases

This text of 91 S.E. 1056 (Continental Aid Ass'n v. Hand) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Continental Aid Ass'n v. Hand, 91 S.E. 1056, 19 Ga. App. 658, 1917 Ga. App. LEXIS 293 (Ga. Ct. App. 1917).

Pincite

Opinion

Luke, J.

Suit was instituted in a justice’s court, and the plaintiff obtained a judgment against the defendant on February 3, 1916. The plaintiff was dissatisfied with the amount of the judgment, and on February 4 entered his appeal to a jury in the justice’s court. Subsequently (February 7) the defendant entered its appeal to a jury in the superior court. When the case came up for trial before a jury in the justice’s court the defendant’s attorney objected to its being tried in that court, on the ground that it was pending on appeal in the superior court. The objection was overruled, and, the trial having resulted in a verdict for the plaintiff, the defendant sued out certiorari; the certiorari was overruled and the defendant excepted. The question for determination is: Which appeal is good in law? This question is controlled by the “miller’s rule.” Section 4741 of the Civil Code of 1910 provides: “In all cases in a justice’s court where an appeal can be entered to a jury in the superior court, it shall be lawful for- such appeal to he entered to a jury in either the justice court or the superior court; any case appealed to a jury in one court shall not be appealed to a jury in the other court.” The plaintiff selected the court of proper jurisdiction in which to submit his cause, and exercised the right of appeal first, and appealed his case to a, jury in the same court. The appeal of the plaintiff took precedence of the appeal entered to a jury in the superior court. This ruling is not in conflict with that in the case of McDougald v. Chattanooga Medicine Company, 10 Ga. App. 653 (73 S. E. 1089). The precise question raised in the present case is decided in the case of East Tennessee &c. Railroad v. Miles, 72 Ga. 252. The case as appealed was submitted to the proper court, the evidence authorized the verdict, and the court did not err in overruling the certiorari.

Judgment affirmed.

Wade, C. J., and George, J., concur.

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Luke, J.

Suit was instituted in a justice’s court, and the plaintiff obtained a judgment against the defendant on February 3, 1916. The plaintiff was dissatisfied with the amount of the judgment, and on February 4 entered his appeal to a jury in the justice’s court. Subsequently (February 7) the defendant entered its appeal to a jury in the superior court. When the case came up for trial before a jury in the justice’s court the defendant’s attorney objected to its being tried in that court, on the ground that it was pending on appeal in the superior court. The objection was overruled, and, the trial having resulted in a verdict for the plaintiff, the defendant sued out certiorari; the certiorari was overruled and the defendant excepted. The question for determination is: Which appeal is good in law? This question is controlled by the “miller’s rule.” Section 4741 of the Civil Code of 1910 provides: “In all cases in a justice’s court where an appeal can be entered to a jury in the superior court, it shall be lawful for- such appeal to he entered to a jury in either the justice court or the superior court; any case appealed to a jury in one court shall not be appealed to a jury in the other court.” The plaintiff selected the court of proper jurisdiction in which to submit his cause, and exercised the right of appeal first, and appealed his case to a, jury in the same court. The appeal of the plaintiff took precedence of the appeal entered to a jury in the superior court. This ruling is not in conflict with that in the case of McDougald v. Chattanooga Medicine Company, 10 Ga. App. 653 (73 S. E. 1089). The precise question raised in the present case is decided in the case of East Tennessee &c. Railroad v. Miles, 72 Ga. 252. The case as appealed was submitted to the proper court, the evidence authorized the verdict, and the court did not err in overruling the certiorari.

Judgment affirmed.

Wade, C. J., and George, J., concur.

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Bluebook (online)

91 S.E. 1056, 19 Ga. App. 658, 1917 Ga. App. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-aid-assn-v-hand-gactapp-1917.

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