Supreme Court of Georgia, 1901

Stamey v. Hill

Supreme Court of Georgia · Decided November 8, 1901 · Lumpkin

114 Ga. 154; 39 S.E. 949; 1901 Ga. LEXIS 614

Cases that cite this one

1 later published case cites this decision.

McDaniel v. Selman (Ga. Ct. App. 1947)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Lumpkin, P. J.

A city court can not lawfully try upon its merits a case which has been appealed from a justice’s court to a superior court; and when such a case is for any reason entered upon the docket of a city court, its only proper course is to strike the same therefrom. Kirkman v. Gillespie, 112 Ga. 507. As was ruled in that case, “ When a trial court, in a case over which it has, as to subject-matter, no jurisdiction, renders therein any judgment ex*155cept one of dismissal, this court will reverse the same whether exception to it for want of jurisdiction in the court below be taken in the bill of exceptions or not.”

Submitted October 9, Decided November 8, 1901.

■ Complaint. Before Judge Jones. City court of Clarkesvillé. May 22, 1901.

J. C. Edwards, for plaintiff in error.

Judgment reversed, with direction.

All the Justices concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.