113 Ga. 1043 | Ga. | 1901
This case originated in a justice’s court, the same being an action for triple damages for the killing of a cow, predicated upon section 1766 of the Political Code. The plaintiff obtained a judgment, and the defendants entered an appeal to the superior court. When it came on for trial, they made a motion “ to dismiss said case for want of jurisdiction in the justice’s court to try cases of damage arising under” the above-cited section of the code. This motion was overruled, and the case was heard on its-merits, the trial resulting in a verdict for the plaintiff. A motion for a new trial was made by the defendants, to the overruling of which they excepted. They also assign error upon the court’s re-, fusal to sustain their motion to dismiss the action. By a cross-bill of exceptions the plaintiff below seeks to bring under review the-refusal of the judge to dismiss the defendants’ motion for a new trial..
It follows that the court below did not err in refusing to sustain that ground of the defendants’ motion for a new trial in which complaint was made that the action should have been dismissed at their-instance; and as this was the only ground of the motion insisted upon here, we must necessarily rule that for no reason assigned did the judge improperly refuse to grant a new trial. In view of the-
Judgment on main bill of exceptions affirmed; cross-bill of exceptions dismissed.