Gaddis v. Moss

Court of Appeals of Georgia

Gaddis v. Moss

162 S.E.2d 255, 117 Ga. App. 810, 1968 Ga. App. LEXIS 1243

CourtCourt of Appeals of Georgia

DecidedMay 24, 1968

Docket43509

StatusPublished

Cited by1 cases

This text of 162 S.E.2d 255 (Gaddis v. Moss) 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

Gaddis v. Moss, 162 S.E.2d 255, 117 Ga. App. 810, 1968 Ga. App. LEXIS 1243 (Ga. Ct. App. 1968).

Pincite

Opinion

Eberhardt, Judge.

1. The Civil and Criminal Court of Cobb County has jurisdiction of trover actions. Ga. L. 1964, p. 3211, § 2, as amended by Ga. L. 1965, p. 3313.

2. The Civil and Criminal Court of Cobb County having jurisdiction of the subject matter of a counter claim in a trover action, a contention in the brief that judgment on the coun[811]*811ter claim is “null and void” because it sought to interpose a contract claim in the tort action presents nothing for decision where the question is raised for the first time in this court, even assuming that under the Civil Practice Act a contract claim cannot be asserted in a counter claim to a trover action. Taylor v. R. O. A. Motors, Inc., 114 Ga. App. 671 (3a) (152 SE2d 631). And compare cases such as Wilkes v. Sheppard, 104 Ga. App. 710, 711 (2) (122 SE2d 534) with CPA § 13 (Code Ann. § 81A-113).

Submitted March 4, 1968 Decided May 24, 1968. Doyle C. Brown, Albert L. Bagby, Jr., L. S. Cobb, for appellants. G. Robert Howard, for appellee.

Judgment affirmed.

Felton, C. J., and Whitman, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Eberhardt, Judge.

1. The Civil and Criminal Court of Cobb County has jurisdiction of trover actions. Ga. L. 1964, p. 3211, § 2, as amended by Ga. L. 1965, p. 3313.

2. The Civil and Criminal Court of Cobb County having jurisdiction of the subject matter of a counter claim in a trover action, a contention in the brief that judgment on the coun[811]*811ter claim is “null and void” because it sought to interpose a contract claim in the tort action presents nothing for decision where the question is raised for the first time in this court, even assuming that under the Civil Practice Act a contract claim cannot be asserted in a counter claim to a trover action. Taylor v. R. O. A. Motors, Inc., 114 Ga. App. 671 (3a) (152 SE2d 631). And compare cases such as Wilkes v. Sheppard, 104 Ga. App. 710, 711 (2) (122 SE2d 534) with CPA § 13 (Code Ann. § 81A-113).

Submitted March 4, 1968 Decided May 24, 1968. Doyle C. Brown, Albert L. Bagby, Jr., L. S. Cobb, for appellants. G. Robert Howard, for appellee.

Judgment affirmed.

Felton, C. J., and Whitman, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

162 S.E.2d 255, 117 Ga. App. 810, 1968 Ga. App. LEXIS 1243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaddis-v-moss-gactapp-1968.

Opinion

Related

Cite This Page — Counsel Stack