Gleaton v. Cothran

Court of Appeals of Georgia

Gleaton v. Cothran

84 S.E. 486, 16 Ga. App. 35, 1915 Ga. App. LEXIS 492

CourtCourt of Appeals of Georgia

DecidedFebruary 18, 1915

Docket5586

StatusPublished

This text of 84 S.E. 486 (Gleaton v. Cothran) 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

Gleaton v. Cothran, 84 S.E. 486, 16 Ga. App. 35, 1915 Ga. App. LEXIS 492 (Ga. Ct. App. 1915).

Pincite

Opinion

Russell, C. J.

A suit for an amount so small that the court is without jurisdiction to entertain the original petition can not be amended by an additional distinct allegation of indebtedness on the part of the defendant, which, added to the original indebtedness, will produce such an amount as would have been within the jurisdiction of the court if both amounts had originally been alleged in the petition. Consequently there was no error in dismissing the petition.

Judgment affirmed.

Broyles, J., not presiding.

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Russell, C. J.

A suit for an amount so small that the court is without jurisdiction to entertain the original petition can not be amended by an additional distinct allegation of indebtedness on the part of the defendant, which, added to the original indebtedness, will produce such an amount as would have been within the jurisdiction of the court if both amounts had originally been alleged in the petition. Consequently there was no error in dismissing the petition.

Judgment affirmed.

Broyles, J., not presiding.

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Bluebook (online)

84 S.E. 486, 16 Ga. App. 35, 1915 Ga. App. LEXIS 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gleaton-v-cothran-gactapp-1915.