Watson v. Pearre

Supreme Court of Georgia

Watson v. Pearre

35 S.E. 316, 110 Ga. 320, 1900 Ga. LEXIS 416

CourtSupreme Court of Georgia

DecidedFebruary 28, 1900

StatusPublished

Cited by4 cases

This text of 35 S.E. 316 (Watson v. Pearre) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Watson v. Pearre, 35 S.E. 316, 110 Ga. 320, 1900 Ga. LEXIS 416 (Ga. 1900).

Pincite

Opinion

Simmons, C. J.

Jurisdiction of the subject-matter of a suit can not be waived. Under the decision in Blocker v. Boswell, 109 G-a. 230, a justice’s court has no jurisdiction of suits in trover. It was, therefore, proper to grant a motion to dismiss such a suit when appealed to the superior court from a justice’s court, although both parties consented to the appeal. The superior court had no jurisdiction to entertain the appeal, nor this court any to entertain the writ of error. Smith v. Ferrario, 105 Ga. 51, 54.

Writ of error dismissed.

All the Justices concurring.

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Simmons, C. J.

Jurisdiction of the subject-matter of a suit can not be waived. Under the decision in Blocker v. Boswell, 109 G-a. 230, a justice’s court has no jurisdiction of suits in trover. It was, therefore, proper to grant a motion to dismiss such a suit when appealed to the superior court from a justice’s court, although both parties consented to the appeal. The superior court had no jurisdiction to entertain the appeal, nor this court any to entertain the writ of error. Smith v. Ferrario, 105 Ga. 51, 54.

Writ of error dismissed.

All the Justices concurring.

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Bluebook (online)

35 S.E. 316, 110 Ga. 320, 1900 Ga. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-pearre-ga-1900.

Opinion

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