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102 Ga. 550

Talbott & Sons v. Collier

Supreme Court of Georgia

Decided March 8, 1897

Supreme Court of Georgia · decided 1897-03-08

<p>Certiorari. Before Judge Felton. Bibb superior court. November term, 1895.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1897-03-08

How this case has been cited

Cited by 5 later decisions — most recently January 1977

5 state decisions

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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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Little, J.

¶11. 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 can not be made by motion, but must be made by a plea to the jurisdiction, sworn to and filed in the first instance.

¶2(a) In such a case; where no plea is filed in the first instance, an appeal after verdict waives any objection to the jurisdiction.

¶32. 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.

¶43. 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. Judgment affirmed.

All the Justices concurring.
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