Nichols v. McAbee

30 Ga. 8

• Court: Supreme Court of Georgia
• Decided: March 15, 1860
• Status: Published

Opinion

By the Court

Stephens, J.,

delivering the opinion.

1. None of the Court felt any difficulty, in this case, in affirming the ruling that a demand, whose amount places it beyond the jurisdiction of a Justices’ Court, may be brought within the jurisdiction, by payments reducing it.

2. But whether an 'account, so reduced, is within the statute allowing the plaintiff (under certain circumstances) to prove his demand by his own oath, was a more difficult question. I thought, and still think, that the case is not within that statute, upon a sound and safe construction of it; but my colleagues informed me that a different construction had prevailed in the Courts for a great number of years, and, with entire uniformity, to the extent of their knowledge on the subject. I was not prepared to dispute it, and therefore acquiesced in what seemed to be established by authority.

Judgment affirmed.