10 Ga. App. 392 | Ga. Ct. App. | 1912
An action of bail-trover was brought in the city
Before the case was reached for argument in this court, the plaintiff in error doubtless realized that the section of the code on which he relied did not apply to an action of trover; for the only point insisted upon here is one that is entirely new, so far as the record is 'concerned, namely, that under the act creating the city court of Macon (Acts 1884-5, p. 470, sec. 3), it is provided that in all suits brought in that court in amounts of $100 or less, the plaintiff shall recover only justice’s court costs. This court can not consider the point thus raised; the trial court has passed on no such point; the decision we are reviewing involved the consideration of no such question. Counsel for the plaintiff in error very ingeniously argue that the greater includes the less, and that since he sought by motion in the trial court to relieve himself of all the costs, he ought now to be allowed to diminish his claim and to relieve himself of any portion thereof illegally taxed against him. Ingenious as this argument is, it is not well taken. In the lower court