Mcintosh v. Patton

• Decision Date: 04 February 1913
• Docket Number: (No. 4,526.)
• Citation: 77 S.E. 6,12 Ga.App. 305
• Parties: McINTOSH. v. PATTON.
• Court: Georgia Court of Appeals

77 S.E. 6

12 Ga.App. 305

McINTOSH.

v.PATTON.

(No. 4, 526.)

Court of Appeals of Georgia.

Feb. 4, 1913.

(Syllabus by the Court.)

1. Courts (§ 169^*)—Jurisdiction—Amount in Controversy.

The city court of Monroe has jurisdiction to try at the quarterly session of the court all civil cases, of whatever nature, where the amount claimed or involved, inclusive of interest, is as much as $50, except where, under the Constitution, exclusive jurisdiction is given to the superior court. Acts 1905, p. 303. By an amendment to the act referred to, that court was given jurisdiction to try and dispose of all civil cases at its monthly sessions, where the principal sum claimed in the suit did not exceed $200. Acts 1906, p. 270. Under the act as amended, a civil suit involving a principal sum of less than $200, filed to the monthly term and continued to the next quarterly tenn, was properly triable before the judge and jury at the latter term.

[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 413-425, 428-436, 443, 456, 458, 465: Dec. Dig. § 169.*]

2. Evidence (§ 213*)—Admission—Offer to Pay.

On the trial of an action upon a contract, the making of which was denied by the defendant, an offer by him to pay a part of the debt claimed under the contract, the offer not being made pending any negotiations for compromise, was admissible as a circumstance tending to show that the defendant had made the contract. Hatcher v. Bowen, 74 Ga. 841; Cooper v. Jones, 79 Ga. 379, 4 S. E. 916. [Ed. Note.—For other cases, see Evidence, iCent. Dig. §§ 745-751, 753; Dec. Dig. § 213.*]

3. Damages Not Remote—Evidence Sufficient.

The damages claimed for a breach of the contract were not remote, contingent, or speculative, but were clearly proved as the direct result of the breach. The verdict for the plaintiff was fully supported by the evidence, and no error of law appears to have been committed on the trial.

Error from City Court of Monroe; A. C. Stone, Judge.

Action by R. C. Patton against Arthur Mcintosh. Judgment for plaintiff, and defendant brings error. Affirmed.

W. O. Dean, of Monroe, for plaintiff in error.

Lewis C. Russell, of Winder, for defendant in error.

HILL, C. J. Judgment affirmed.

RUSSELL, J., disqualified.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes