Talbott v. Collier

• Court: Georgia Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Talbott v. Collier, 102 Ga. 550, 28 S.E. 225 (Ga. 1897)
• Decision Date: 08 March 1897
• Parties: TALBOTT et al. v. COLLIER.

28 S.E. 225

102 Ga. 550

TALBOTT et al. v. COLLIER.

Supreme Court of Georgia

March 8, 1897

Syllabus by the Court.

1. When in a justice's court it does not appear from the summons that the plaintiff had split his cause of action so as to bring the same within the jurisdiction of that court, an objection to the jurisdiction upon that ground cannot be made by motion, but must be made by a plea to the jurisdiction sworn to and filed in the first instance. In such a case where no plea is filed in the first instance, an appeal after verdict waives any objection to the jurisdiction.

2. The entry of an appeal from a judgment rendered in a justice's court, and the subsequent trial of the case upon its merits, without objection to the sufficiency of the service, amount to a waiver of service in the first instance.

3. There being sufficient evidence to support the verdict, the judgment of the trial judge refusing to set it aside upon writ of certiorari will not be disturbed.

Error from superior court, Bibb county; W. H. Felton, Jr., Judge.

Action by John Collier aga...