King v. Randall

• Decision Date: 02 March 1895
• Citation: 22 S.E. 683,95 Ga. 449
• Parties: KING v. RANDALL.
• Court: Georgia Supreme Court

22 S.E. 683

95 Ga. 449

KING v. RANDALL.

Supreme Court of Georgia

March 2, 1895

Syllabus by the Court.

1. Where an attachment returnable to a justice's court was sued out under section 3293 of the Code, and the defendant appeared, and moved to dismiss the attachment on various grounds, and, after this motion was overruled, also contested the case upon its merits, by making a motion for a nonsuit which was likewise overruled, and the trial resulted in a verdict for the plaintiff, upon which a general judgment in his favor was entered against the defendant, who thereupon sued out a certiorari, assigning as errors the refusal of the magistrate to dismiss the attachment and his refusal to grant a nonsuit, and also alleging that the verdict was contrary to law and the evidence, it was error for the judge of the superior court to sustain the certiorari, and order the case to be dismissed from the magistrate's court; such judgment being evidently predicated upon the opinion that the attachment ought to have been dismissed, and that upon this being done the case would necessarily be at an end. Whether the magistrate erred in refusing to dismiss the attachment or not, the plaintiff was entitled to proceed with the case for the purpose of obtaining a general judgment.

2. It is apparent from the record that the superior court did not pass upon the alleged error in refusing to grant a nonsuit or upon the question whether or not the verdict was sustained by the evidence, and these matters are left open for consideration when the case is heard again.

Error from superior court, Bibb county; J. L. Hardeman, Judge.

Attachment by D. I. King against Lizzie Randall before a justice of the peace. Defendant brought certiorari to the superior court, which dismissed the case, and plaintiff brings error. Reversed.

Estes & Jones, for plaintiff in error.

Jno. R. L. Smith, for defendant in error.

LUMPKIN J.

1. An attachment was sued out under section 3293 of the Code, and made returnable to a justice's court. At the trial the defendant appeared, and moved to dismiss the attachment on various grounds, the merits of which it is not now material to consider. This motion was overruled, and after the plaintiff had closed his evidence the defendant then made a motion for a nonsuit, which was likewise overruled, and the trial resulted in a verdict for the plaintiff, upon which a general judgment in his favor was entered. The defendant thereupon sued out a certiorari, in which she assigned as error the refusal of the magistrate to dismiss the attachment and the refusal to grant a nonsuit, and also alleged that the verdict was contrary to law and the evidence. Upon the hearing of the certiorari the judge of the superior court passed an order sustaining the same, and directing that the case be dismissed in the magistrate's court. From an inspection of the entire...