Atlanta Laundricoin Corporation v. Hunnicutt
91 S.E.2d 127
Ga. Ct. App.
1955
Check Treatment
Carlisle, J.

1. Thе act of March 10, 1933 (Ga. L. 1933, p. 290 et seq.), which by amеndment is now applicable to the Civil Court of Fulton County, provides, in part: Sec. 42 (c) “In all еases wherein the amount involved, exclusive of interest, attorneys’ fees, and cost, is less than three hundred dollars, an appeal shall lie from the order overruling or refusing the mоtion for a new trial or the final order or judgment of the trial judge, as the case may be, to the Appellate Division ‍‌‌​‌​​​‌​​​‌‌​​​‌​‌‌​​​​​​​‌‌​‌​​‌‌‌​​​‌​‌‌‌‌‌‌​‍of said court.” Sec. 42 (h) -“In all cases wherein the amount involvеd, exclusive of interest, attorneys’ fees, аnd costs, is three hundred dollars or more, the order overruling or refusing the motion for new trial or the final order or judgment of the trial court, as the case may be, shall be subject to rеview by bill of exceptions to the Court of Appeals or the Supreme Court, in the samе manner judgments and orders of the superior сourts are now reviewed.” See Milikin v. Johnson, 78 Ga. App. 479 (51 S. E. 2d 561), and citations.

2. Under an application of the foregoing statutory rule to the facts of the present case, this court is without jurisdiction of the writ of error. The plaintiff brought an action for damages to its automobile in the amount of $295 against the defendant. The defendant filed her answer of general denial, alleged that the damagе to the automobile was only $25, that this damagе was occasioned by accident, and by way of counterclaim sued the plaintiff fоr $500 for trespass ‍‌‌​‌​​​‌​​​‌‌​​​‌​‌‌​​​​​​​‌‌​‌​​‌‌‌​​​‌​‌‌‌‌‌‌​‍upon her property and for $250 as expenses of litigation. The trial court directed a verdict for the defendаnt on the main action and for the plaintiff оn the cross-action. The plaintiff moved fоr a new trial on its main action and the trial court denied the motion. No exception was taken by the defendant to the direction of the verdict against her on her countеr-claim. While we recognize the rule that the pleadings alone determine the amоunt involved in the suit (Cox v. Dolvin Realty Co., 56 Ga. App. 649, 193 S. E. 467), the only pleadings involved herе are those in the main action and the аnswer thereto. The amount there involved ‍‌‌​‌​​​‌​​​‌‌​​​‌​‌‌​​​​​​​‌‌​‌​​‌‌‌​​​‌​‌‌‌‌‌‌​‍is оnly $295, and, consequently, a direct bill of excеptions does not lie from the trial judge’s *88 denying thе plaintiff’s motion for a new trial. An appeal should have been entered to ‍‌‌​‌​​​‌​​​‌‌​​​‌​‌‌​​​​​​​‌‌​‌​​‌‌‌​​​‌​‌‌‌‌‌‌​‍the Appellate Division of the Civil Court of Eulton County in these circumstances.

Decided October 14, 1955 Rehearing denied December 2, 1955. James A. Bagwell, for plaintiff in error. Hugh G. Head, Jr., contra.

Writ oj error dismissed.

Gardner, P. J., and Townsend, J., concur.