25 S.E.2d 831 | Ga. Ct. App. | 1943
1. The only provision now in effect that has been made by the legislature for reviewing a judgment of the municipal court of the City of Macon is "that in all cases wherein the amount involved, exclusive of interest, attorney's fees, and costs, is more than $50, an appeal shall lie by writ of error to the Court of Appeals . . in the same manner judgments . . of the superior court are now reviewed," etc. Ga. L. 1935, pp. 534, 535, par. (e).
2. No amount is involved in the present dispossessory warrant case, within the meaning of the provision of the act of 1935 just referred to. Consequently this court is without jurisdiction to entertain the writ of error.
The defendant in error has made a motion to dismiss the writ of error on the ground that this court is without jurisdiction to entertain the same for the reason that the amount involved is less than $50, viz., $13.20, and that no direct bill of exceptions will lie from the municipal court of the City of Macon to the Court *428 of Appeals of Georgia except by the provisions of the act of 1935 (Ga. L. 1935, pp. 534, 535, par. (e)), which provides: "Be it further enacted by the authority aforesaid that in all cases wherein the amount involved, exclusive of interest, attorney's fees, and costs is more than $50, an appeal shall lie by writ of error to the Court of Appeals of Georgia or Supreme Court from the judgment, order or ruling of said municipal court in the same manner judgments, orders and rulings of the superior court are now reviewed."
The object and purpose of a dispossessory — warrant proceeding is to obtain possession of the premises claimed to be unlawfully withheld. It is not a proceeding to collect rent, and the fact that the failure of the tenant to pay rent is alleged as the ground for issuing the dispossessory warrant does not change the situation. The amount of rent mentioned in the affidavit and warrant as being due, $13.20, does not fix the amount involved in the case. It was held in E. Tris Napier Co. v. Brown,
Writ of error dismissed. Stephens, P. J., and Felton, J.,concur.