79 Ga. 553 | Ga. | 1887
A landlord sued out a statutory process to enforce against his tenant a lien for supplies furnished. A levy was made, and the tenant resisted by affidavit, making, amongst other issues, the objection that no demand upon him for payment had been made after the debt became due. The proceedings were returned to a justice’s court, and the magistrate, on trying the case, rendered a judgment for the tenant. The landlord appealed to a jury; and at the trial of the appeal, he introduced evidence, some of it upon the subject of a demand. The tenant, after this evi
Touching the functions of the jury in a justice’s court, see Johnson vs. Nelms, just cited. The query propounded in Carnes vs. Mattox, 71 Ga. 515, as to the power of the magistrate to grant a nonsuit, we now answer in the negative.
Had any point been made on the creditor’s right to sue out his process on that day, there might have been force in that; but no such question was raised, and we will not discuss it. The exception was to the time of the demand, not to the time of the suing out process based on the demand.
Judgment affirmed.