Geer v. Hunter

Court of Appeals of Georgia

Geer v. Hunter

177 S.E. 820, 50 Ga. App. 242, 1934 Ga. App. LEXIS 721

CourtCourt of Appeals of Georgia

DecidedDecember 11, 1934

Docket24306

StatusPublished

This text of 177 S.E. 820 (Geer v. Hunter) 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

Geer v. Hunter, 177 S.E. 820, 50 Ga. App. 242, 1934 Ga. App. LEXIS 721 (Ga. Ct. App. 1934).

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Opinion

Guerry, J.

E. J. Hunter brought suit upon a note against W. I. Geer in a justice’s court. The case was never tried and was voluntarily dismissed by the plaintiff. Thereafter the plaintiff brought the same suit, based on the same cause of action, against the same defendant, in the superior court. The defendant filed a plea in abatement, on the ground that the costs had not been paid in the justice’s court before the second suit was instituted in the superior court, as provided in the Civil Code (1910), § 5625, and that it should therefore be dismissed. This issue was submitted to the judge of the superior court sitting without a jury. The judge rendered judgment finding that the costs had been paid prior to the recommencement of the suit in the superior court and found against the plea in abatement. There being an issue of fact, upon conflicting evidence, as to whether or not thg. costs of the suit voluntarily dismissed in the justice’s court had been paid before the bringing of the second suit, the judgment will not be disturbed.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Guerry, J.

E. J. Hunter brought suit upon a note against W. I. Geer in a justice’s court. The case was never tried and was voluntarily dismissed by the plaintiff. Thereafter the plaintiff brought the same suit, based on the same cause of action, against the same defendant, in the superior court. The defendant filed a plea in abatement, on the ground that the costs had not been paid in the justice’s court before the second suit was instituted in the superior court, as provided in the Civil Code (1910), § 5625, and that it should therefore be dismissed. This issue was submitted to the judge of the superior court sitting without a jury. The judge rendered judgment finding that the costs had been paid prior to the recommencement of the suit in the superior court and found against the plea in abatement. There being an issue of fact, upon conflicting evidence, as to whether or not thg. costs of the suit voluntarily dismissed in the justice’s court had been paid before the bringing of the second suit, the judgment will not be disturbed.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Bluebook (online)

177 S.E. 820, 50 Ga. App. 242, 1934 Ga. App. LEXIS 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geer-v-hunter-gactapp-1934.