17 Ga. App. 679 | Ga. Ct. App. | 1916
1. An appeal of a case from a' justice’s court to the superior court does not confer jurisdiction where none existed in the former court. Seacy v. Tillman, 75 Ga. 504 (1).
2. “A judgment of a court of competent jurisdiction is conclusive between the same parties and their privies as to all matters put in issue, or which under the rules of law might have been put in issue in the case wherein the judgment was rendered.” Civil Code, § 4336.
(a) But where A, in a suit in a justice’s court against B, for damage alleged to have been caused by a collision between A’s and B’s automobiles, is defeated, and the jury find that A, and not B, was the real tort-feasor, and where the damage sustained by B amounted to more than $100 (the maximum jurisdictional amount of the justice’s court),