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69 Ga. 734

Greer v. Burnam

Supreme Court of Georgia

Decided December 19, 1882

Supreme Court of Georgia · decided 1882-12-19

<p>As a general rule, an appellate court cannot go beyond the jurisdiction of the primary court as respects rights. It follows its own modes of trial .and procedure to ascertain those rights, but does not determine and adjudicate other rights wholly outside the power of the lower court.</p> <p>(a.) Therefore, where suit was brought in a county court on a note for purchase money of land, and an appeal was taken to the superior court, a decree could not be rendered requiring titles to the land to be made.</p> <p>(b.) In the case in 52 Ga., 15, this point was not directly made. The court of ordinary stands on a different basis, and has some equitable powers in making settlements. 52 Ga., 15; 54 lb., 180; Code; §§1839, 1844, 1845, 2599, 2600.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1882-12-19

How this case has been cited

Cited by 11 later decisions — most recently May 1952

11 state decisions

3018821890190019101920193019401950decided

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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Jackson, Chief Justice.

¶1[Suit was brought in a county court on a note for $152.00, given for the purchase money of land. The case *735was carried by appeal to the superior court. The jury found for the defendant, and decreed that title be made to him. A motion was made for a new trial, which was refused, and plaintiff excepted.].

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