85 Ga. 829 | Ga. | 1890
Where no statutory provision regulates the matter, whether a creditor whose demand is created by express contract, such as a promissory note, can voluntarily abandon a part of his claim, or enter a credit upon it, for the express purpose of reducing it within the jurisdiction of a given court, is a question upon which authorities differ. It is probable that the weight of decision is with the affirmative. Wells on Jur. §102; King v. Dougherty, 2 Stew. (Ala.) 487; Raymond v.
Upon the special question as to the use of such means for bringing a ease'within the jurisdiction of the county court, we have one express ruling on the affirmative side, in Wilhelms v. Noble Bros., 36 Ga. 599, a decision which was made upon the first act establishing county courts, that of 1866, which, in addition to certain enumerated cases, conferred jurisdiction in “all other civil cases in which not more than one hundred dollars is claimed as damages, or principal sum due.” Acts 1865-6, p. 66. It would seem that this language is so nearly