Supreme Court of Georgia, 1900

Watson v. Pearre

Watson v. Pearre
Supreme Court of Georgia · Decided February 28, 1900 · Simmons
110 Ga. 320; 35 S.E. 316; 1900 Ga. LEXIS 416
Watson v. Pearre

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Simmons, C. J.

Jurisdiction of the subject-matter of a suit can not be waived. Under the decision in Blocker v. Boswell, 109 G-a. 230, a justice’s court has no jurisdiction of suits in trover. It was, therefore, proper to grant a motion to dismiss such a suit when appealed to the superior court from a justice’s court, although both parties consented to the appeal. The superior court had no jurisdiction to entertain the appeal, nor this court any to entertain the writ of error. Smith v. Ferrario, 105 Ga. 51, 54.

Writ of error dismissed.

All the Justices concurring.

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