Stovall v. Kelley Bros.

Court of Appeals of Georgia

Stovall v. Kelley Bros.

70 S.E. 17, 8 Ga. App. 550, 1911 Ga. App. LEXIS 36

CourtCourt of Appeals of Georgia

DecidedJanuary 24, 1911

Docket2520

StatusPublished

Cited by1 cases

This text of 70 S.E. 17 (Stovall v. Kelley Bros.) 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

Stovall v. Kelley Bros., 70 S.E. 17, 8 Ga. App. 550, 1911 Ga. App. LEXIS 36 (Ga. Ct. App. 1911).

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Opinion

Powell, J.

1. As to the point that the city court of Atlanta was without jurisdiction: petitioner claimed over $100; and, primarily, this made a case within the jurisdiction of the court. It is true that under the act of December 11, 1894 (Acts 1894, p. 209), the jurisdiction of the city,court of Atlanta is limited, as to this class of cases, to actions where the principal sum claimed exceeds $100, and the defendant is allowed to file a special plea setting up that because of credits which should have been entered, this principal sum due from the plaintiff to the defendant is less than $100, thereby ousting the court of jurisdiction, if the plea is sustained. See Acts 1894, p. 209. In this case no such plea was filed. The court, therefore, had jurisdiction to determine the [551]*551amount due from the defendant to the plaintiff, even though on the final ascertainment of the facts it might have developed that the sum actually due was less than $100.

2. There was some evidence to support the verdict, and no material error of law appears. Judgment affirmed.

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Powell, J.

1. As to the point that the city court of Atlanta was without jurisdiction: petitioner claimed over $100; and, primarily, this made a case within the jurisdiction of the court. It is true that under the act of December 11, 1894 (Acts 1894, p. 209), the jurisdiction of the city,court of Atlanta is limited, as to this class of cases, to actions where the principal sum claimed exceeds $100, and the defendant is allowed to file a special plea setting up that because of credits which should have been entered, this principal sum due from the plaintiff to the defendant is less than $100, thereby ousting the court of jurisdiction, if the plea is sustained. See Acts 1894, p. 209. In this case no such plea was filed. The court, therefore, had jurisdiction to determine the [551]*551amount due from the defendant to the plaintiff, even though on the final ascertainment of the facts it might have developed that the sum actually due was less than $100.

2. There was some evidence to support the verdict, and no material error of law appears. Judgment affirmed.

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Bluebook (online)

70 S.E. 17, 8 Ga. App. 550, 1911 Ga. App. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stovall-v-kelley-bros-gactapp-1911.

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