69 Ga. 587 | Ga. | 1882
This was a rule to distribute money in Bartow superior court.
In claim cases the attorney causing the levy and prosecuting the rights of the plaintiff in fi.fa. shall be entitled to his fees from the proceeds of the property condemned, although older liens may demand and recover the proceeds from the immediate client of such attorney. Code, §1998. Likewise, money raised by process of garnishment is paid over to the creditors of the defendant according to the priorities now established by law, the expenses of the moving creditor being first paid pro rata by the judgment creditors receiving the benefit of his diligence. Code, §3545,
There is a manifest equity in these provisions of our Code, for it is eminently just that, where by the services- and skill of an attorney a fund has been realized,, the participants in the distribution should make
The question presented is, did the justice court have jurisdiction to entertain suit on this contract and render judgment as he did for the sum of one hundred dollars principal, with the interest thereon, and five per cent, attorney’s fees also?
The constitution, in article VI., sect, vil, and par. ip, declares: “Justices of the peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injuries or damages to personal property when the principal sum does not exceed one hundred dollars.” It is competent for the maker of a contract to stipulate therein that he will, if suit is brought, pay such attorney fees as are usual and reasonable in enforcing payment. 54 Ga., 117. In this case it is clear that the maker contracted with the payee, that in the event of a suit, he would pay him on said contract, in addition to the one hundred dollars principal with lawful interest, also the five per cent, attorney’s fees, and these fees are collectible as a part of the recovery. There was no power in the court to render any
“All liquidated demands where, by agreement or otherwise, the sum to be paid is fixed or certain, bears interest from the time the party is liable and bound to pay them.” Code, 2056. Here is a demand liquidated by agreement of the parties, and in which the sum to be paid is fixed and certain, and under the contract the condition upon which the debtor was to be liable has occurred. Why does not this sum bear interest from that time ? And moreover, being reduced to judgment, the rule is, “all judgments in this state bear interest upon the principal amount recovered.” Why, then, is not the judgment here for these fees a part of the principal sum recovered, and as such, when added to the other amount recovered as principal, does it not exceed the jurisdiction of .this magistrate’s court?
It must be borne in mind, that justice courts are courts of limited jurisdiction ; they can only exercise such jurisdiction as is conferred by law. But in this case, upon a suit had upon a simple contract, a recovery has been had, exclusive of interest and costs, against this defendant, of one hundred and five dollars ; and while in the recovery in
Believing, then, the magistrate had no jurisdiction to render this judgment on the contract sued upon, and the fi. fas. issuing thereon being void upon their face, we are constrained to reverse the judgment below.
Judgment reversed.