Gaddis v. Moss

Full title: GADDIS et al. v. MOSS

Court: Court of Appeals of Georgia

Date published: May 24, 1968

162 S.E.2d 255 (Ga. Ct. App. 1968)

162 S.E.2d 255

Opinion

43509.

SUBMITTED MARCH 4, 1968.

DECIDED MAY 24, 1968.

Trover. Cobb Civil and Criminal Court. Before Judge Bullard.

Doyle C. Brown, Albert L. Bagby, Jr., L. S. Cobb, for appellants.

G. Robert Howard, for appellee.

EBERHARDT, Judge.

1. The Civil and Criminal Court of Cobb County has jurisdiction of trover actions. Ga. L. 1964, p. 3211, § 2, as amended by Ga. L. 1965, p. 3313.

2. The Civil and Criminal Court of Cobb County having jurisdiction of the subject matter of a counter claim in a trover action, a contention in the brief that judgment on the counter claim is "null and void" because it sought to interpose a contract claim in the tort action presents nothing for decision where the question is raised for the first time in this court, even assuming that under the Civil Practice Act a contract claim cannot be asserted in a counter claim to a trover action. Taylor v. R. O. A. Motors, Inc., 114 Ga. App. 671 (3a) ( 152 S.E.2d 631). And compare cases such as Wilkes v. Sheppard, 104 Ga. App. 710, 711 (2) ( 122 S.E.2d 534) with CPA § 13 ( Code Ann. § 81A-113).

Judgment affirmed. Felton, C. J., and Whitman, J., concur.

SUBMITTED MARCH 4, 1968 — DECIDED MAY 24, 1968.