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100 Ga. App. 369

111 S.E.2d 155

Smith v. Pope

Court of Appeals of Georgia

Decided September 9, 1959

Court of Appeals of Georgia · decided 1959-09-09

Relies on McDonald v. Tison · 19 Ga. App. 60 - Walker v. Mayor of Macon

Good law ✅— No negative treatment on recordhow we know

Decided 1959-09-09

How this case has been cited

Cited by 5 later decisions — most recently June 1991

3 state decisions

2019591960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion for Rehearing.

¶2The defendant, plaintiff in error here, insists that it does not affirmatively appear from the record that the plea to the jurisdiction referred to in headnote 1 of the original opinion was based on the ground that the account was split so as to bring it within the justice court’s jurisdiction. We think that it satisfactorily appears from the record that the plea to the jurisdiction was on that ground. The defendant admitted that he lived within the militia district where the suit was brought, and no other ground on which the jurisdiction of the court could have been challenged appears from the record. But be that as it may, the failure to challenge the jurisdiction in the suit and permitting the judgment to be entered, when full knowledge of the defense was had by the defendant, estopped him to afterwards *372complain that the account was so divided. Teat v. Westmoreland, 19 Ga. App. 60, supra; McElveen Commission Co. v. Jackson & Bro., 94 Ga. 549 (20 S. E. 428).

¶3Reheanng denied.

Felton, C. J., and Nichols, J., concur.
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