12 Ga. 424 | Ga. | 1853
delivering the opinion.
The judgments obtained in the Justice’s Court, which were offered in evidence, in support of the plaintiff’s cause of action, were objected to, on the ground that it did not appear on the face of the proceedings that the Court rendering the judgment, had jurisdiction of the person of the defendant.
In this case, the plaintiff in the Court below, introduced in evidence the docket of the Justice, from which it appeared from a memorandum therein, that three judgments were rendered against Gray, in favor of McNeal, on the 16th March, 1839— two for twenty-five dollars each, exclusive of interest and cost, and the other for twenty-two dollars, exclusive of interest and costs. The plaintiff proved, by one witness, that at the time of the rendition of the judgments, the defendant, Gray, resided in the district. The defendant demurred to this evidence, on the ground that it was not sufficient in law, to entitle the plaintiff to a verdict, and moved the Court for a non-suit; which motion the Court overruled.
When the defendant, by demurring to the plaintiff’s evidence, admits the same to be true, he has the right to demand the judgment of the Court as to the law arising upon the facts, about which there is no dispute ; and in such a case, it is in the power of the Court to award a non-suit. Pratt vs. Hull, 13 John. Rep. 334.
In this case, there were no disputed facts. The only question made by the demurrer, for the judgment of the Court was, whether the plaintiff was entitled, in low, to recover from the defendant, on the evidence submitted by the plaintiff, which was admitted to be true by the defendant. Let the judgment of the Court below be reverse?!.