45 Ga. App. 207 | Ga. Ct. App. | 1932
1. “Any abuse of, or damage done to, the personal property of another, unlawfully, is a trespass for which damages may be recovered.” Civil Code (1910), § 4485.
2. A suit against joint trespassers, residing in different counties, may be tried in either county. Civil Code (1910), § 6541; Williams v. Inman, 1 Ga. App. 321 (57 S. E. 1009).
3. “Inasmuch as a justice’s court has no jurisdiction in actions of trover,
4. The petition in the instant case was brought by James Jackson, in the superior court of Fulton county, jointly against D. T. Minhinnett, a justice of the peace, H. E. Bridwell, a constable (both residents of said county), and E. T. Boswell, a resident of Greene county. The petition, properly construed (most strongly against the plaintiff), shows a misjoinder of parties defendant and of causes of action, in that Minhinnett is sued in his official capacity as a justice of the peace for alleged misconduct in the execution of his office, and the other two defendants are sued as joint trespassers. The petition set forth a cause of action against Bridwell and Boswell, and their demurrers were properly overruled. However, the grounds of Minhinnett’s demurrer, attacking the petition as showing a misjoinder of parties defendant and of causes of action, were good, and the court erred in overruling them.
Judgment reversed.