¶1It does not appear, that any exception was taken, to the jurisdiction in the Court below; and, as the question was not raised then, the Court committed no error, in entertaining jurisdiction —the cases being, prima facie, within their jurisdiction. As to the second ground, it appears, from the return, that they were given by defendants, whilst one of them, to-wit, Landers, was under an arrest, by virtue of an attachment, issued against him, for having failed to collect certain executions, put in bis hands, as a constable ; and that he gave said notes, for the purpose of obtaining his discharge. It appears, therefore, that he was in custody, under a legal process, issued by a Court of competent jurisdiction. The imprisonment was not, therefore, illegal, and could not constitute duress. It is therefore, ordered, that the Certiorari be dismissed, and the proceedings below affirmed.
1 Georgia Decisions 149
Gresham v. Landens
Meriwether County Superior Court, Ga.
Decided March 15, 1843
Meriwether County Superior Court, Ga. · decided 1843-03-15
Certiorari. 1. When several suits are brought, between the same parties, in a Justice’s Court, the defendant can take advantage of their amounting to more than thirty dollars, only by a plea to the jurisdiction.* 3. Legal arrest is not Duress. This petition for Certiorari alleges, that these actions were commenced against defendants, for three promissory notes, amounting to seventy-five dollars.
Decided 1843-03-15