82 Ga. 409 | Ga. | 1889
A distress warrant for rent was sued out by Mercier against Bryant, in Early county, based upon an affidavit made before the judge of the county court, which officer issued the warrant. The affidavit alleged that Bryant was of that county. The sheriff of that county seized Bryant’s property, under the warrant, and he made affidavit denying that the sum distrained for was due and owing. Thereupon the papers were returned to the county court ; and at the succeeding term of that court, Bryant appeared and pleaded to the jurisdiction, on the ground that he was not a resident of Early county, but of Clay county. This plea being found true, the court passed an order transferring the case to the county count of Clay county. A trial was after-wards had in the latter court, and resulted in a judgment against Bryant, from which he entered an appeal to the superior court of Clay county. When the appeal came up for trial, he moved to dismiss the ease, (1) because the case was not properly brought in this court, no officer authorized by law having returned the papers to the court; (2) because the face of the papers showed want of jurisdiction in Clay superior court, nor did it appear; that Early county had jurisdiction to issue the warrant, the defendant being shown to be a non-resident of that county, and there being no allegation that
Judgment affirmed.