Editor's notes.

- In light of the similarity of the statutory provisions, decisions rendered under pre-1983 provisions of this chapter pertaining to justices of the peace are included in the annotations for this Code section. See the Editor's notes at the beginning of this chapter regarding transfer of justices' functions to magistrates.

Dispossessory proceedings.

- Magistrate court had jurisdiction over dispossessory proceedings involving a property owner who, by remaining in possession of the premises after a lawful foreclosure of the property owner's deed to secure debt, became a tenant at sufferance and subject to summary dispossession by the purchaser at the foreclosure sale. California Fed. Sav. & Loan Ass'n v. Day, 193 Ga. App. 690, 388 S.E.2d 727 (1989).

Cited in Dodd & Co. v. Glover, 102 Ga. 82, 29 S.E. 158 (1897); Brooks v. Sturdivant, 177 Ga. 514, 170 S.E. 369 (1933); Crow v. State, 55 Ga. App. 288, 190 S.E. 65 (1937); McDonald v. Marshall, 185 Ga. 438, 195 S.E. 571 (1938); Thigpen v. McMichael, 76 Ga. App. 470, 46 S.E.2d 533 (1948); Goebel v. Hodges, 83 Ga. App. 574, 64 S.E.2d 207 (1951); Savannah News-Press, Inc. v. Harley, 100 Ga. App. 387, 111 S.E.2d 259 (1959); Thompson v. State, 142 Ga. App. 888, 237 S.E.2d 419 (1977); F.A. Reece Enters., Inc. v. Winnings, 191 Ga. App. 30, 380 S.E.2d 747 (1989); Penaranda v. Cato, 740 F. Supp. 1578 (S.D. Ga. 1990); Brinson v. First Am. Bank, 200 Ga. App. 552, 409 S.E.2d 50 (1991); Jr. Mills Constr. v. Trichinotis, 223 Ga. App. 19, 477 S.E.2d 141 (1996); Giles v. Vastakis, 262 Ga. App. 483, 585 S.E.2d 905 (2003); Sanders v. Trinity Universal Ins. Co., 285 Ga. App. 705, 647 S.E.2d 388 (2007); Setlock v. Setlock, 286 Ga. 384, 688 S.E.2d 346 (2010).

Judgments at illegal places.

- Judgments not rendered at place where court can lawfully be held are void. Bozeman v. Singer Mfg. Co., 70 Ga. 685 (1883) (decided under former law).

Judgment of the justice of the peace, void because rendered at some place other than the regular place of holding the court, may be attacked by affidavit of illegality in a proper case, but a writ of certiorari will not lie to such a judgment. Courson v. Land, 54 Ga. App. 534, 188 S.E. 360 (1936) (decided under former law).

Right to declare mistrial.

- It is an inherent right of all courts where jury trials obtain, including justice of the peace courts, to declare a mistrial when justice demands a mistrial. Decatur Chevrolet Co. v. White, 51 Ga. App. 362, 180 S.E. 377 (1935) (decided under former law).

Superior court may refuse to enforce fraudulent judgment.

- Although a justice of the peace has no authority to grant a new trial or to set aside a judgment, if the judgment was procured by fraud practiced by the plaintiff upon such officer and the opposite party, the superior court would be justified for this reason in refusing to grant mandamus on the petition of the plaintiff in such judgment to compel the justice of the peace to issue an execution thereon. Ward v. Montgomery Ward & Co., 181 Ga. 228, 181 S.E. 664 (1935) (decided under former law).

Dispossessory proceedings.

- Landlord's contention that the magistrate did not have the power to order the landlord to perform repairs to tenant's apartment in the landlord's dispossessory action was rejected as statutory law expressly gave the magistrate jurisdiction over dispossessory proceedings. H. J. Russell & Co. v. Manuel, 264 Ga. App. 273, 590 S.E.2d 250 (2003).

Contents of docket entries.

- Entries on docket should contain every fact transpiring in case essential to validity of judgment. Scott v. Bedell, 108 Ga. 205, 33 S.E. 903 (1899) (decided under former law).

Unsigned docket entry not void.

- To determine whether there is a valid judgment in the justice's court, resort must be had to the docket entry and to that alone. When so entered it is not void because unsigned, nor is an unsigned verdict on which a judgment has been entered void. Sullivan v. Douglas Gibbons, Inc., 187 Ga. 764, 2 S.E.2d 89 (1939) (decided under former law).

Judgment may be entered on docket after adjournment.

- Rendering of a judgment by a justice of the peace, when the issue is tried before the justice without a jury, is a judicial act; when such judgment is rendered at the time and place required by law, the written judgment may be entered by the justice on the docket of the justice court at any time thereafter even though the justice's court has adjourned. Chandler v. Hammett, 73 Ga. App. 325, 36 S.E.2d 184 (1945) (decided under former law).

Docket determines validity of judgment.

- Only docket can be resorted to in order to determine if judgment valid. Gittens v. Whelchel, 12 Ga. App. 141, 76 S.E. 1051 (1913); Barnes v. Mechanics' Sav. Bank, 22 Ga. App. 214, 95 S.E. 757 (1918) (decided under former law).

Plea of res judicata can not be predicated upon a verdict upon which no judgment has been entered. Brown v. Bonds, 125 Ga. 833, 54 S.E. 933 (1906) (decided under former law).

Entry on docket necessary before execution can be issued. Nashville, C. & St. L. Ry. v. Brown, 3 Ga. App. 561, 60 S.E. 319 (1908) (decided under former law).

Entry on papers if case reopened after judgment entered on docket is nullity. Greene v. Oliphant & Hannah, 64 Ga. 565 (1880) (decided under former law).

When docket must show appearance.

- If a judgment has been rendered in a justice's court against a person who was not named in the summons, and the judgment is sought to bind that person on the ground that the person appeared and pleaded in the cause and thus made the person a party thereto, the fact of appearance and pleading must appear from a docket entry, and cannot be shown by parol evidence. Shearouse v. Wolf, 117 Ga. 426, 43 S.E. 718 (1903) (decided under former law).

Entry in judgment on promissory note must specify amount.

- If entry is made upon docket of justice of the peace court with design of setting forth terms of judgment in favor of plaintiff in action upon promissory note, and such entry in no manner specifies any amount, either as principal or interest, the judgment is void for uncertainty, and there is no valid judgment. McCandless v. Inland Acid Co., 112 Ga. 291, 37 S.E. 419 (1900) (decided under former law).

How entry of service construed.

- If a case was docketed by a justice of the peace and specifically named the defendant and a garnishee, a signed and dated statement that the summons had been served on the named garnishee was construed as an entry of service of summons of garnishment upon the garnishee. Southern Fertilizer & Chem. Co. v. Kirby, 52 Ga. App. 688, 184 S.E. 363 (1936) (decided under former law).

Civil claim jurisdiction.

- The 1987 amendment to O.C.G.A. § 15-10-2(5) is remedial in the amendment's operation and effect and applied to a judgment entered after its effective date in an action filed before such date. Russell v. Flynn, 191 Ga. App. 196, 381 S.E.2d 142 (1989).

Distinction between the criminal court and civil court of the justice of the peace. Ormond v. Ball, 120 Ga. 916, 48 S.E. 383 (1904) (decided under former law).

Dispossessory proceedings and distress warrant proceedings.

- Magistrate court's jurisdiction in dispossessory proceedings and distress warrant proceedings under O.C.G.A. § 15-10-2(6) is not circumscribed by the $5,000 limitation set forth in § 15-10-2(5). Atlanta J's, Inc. v. Houston Foods, Inc., 237 Ga. App. 415, 514 S.E.2d 216 (1999).

Justice of the peace may issue distress warrant for greater sum than the justice can entertain action for. Smith v. Turnley, 44 Ga. 243 (1871) (decided under former law).

Cannot try case beyond jurisdiction.

- Consent of parties for justice of the peace to try case beyond the justice's jurisdiction cannot confer on the justice jurisdiction to do so. Yon v. Baldwin, 76 Ga. 769 (1886) (decided under former law).

If debt has been reduced credit may be set up by amendment. Smith v. Puett, 124 Ga. 921, 53 S.E. 457 (1906) (decided under former law).

Jurisdiction in first action makes second action res judicata.

- Owners chose the forum for the owner's initial litigation and the magistrate court had jurisdiction to hear the questions presented, notwithstanding its limitation as to remedies; therefore, the owners' subsequent counterclaim involving the same party and issues was properly dismissed based on res judicata. Mahan v. Watkins, 256 Ga. App. 260, 568 S.E.2d 130 (2002).

Amount is principal sum claimed.

- Amount in controversy which fixes the jurisdiction of justice of the peace court is principal sum claimed. Bowers v. Williams, 17 Ga. App. 779, 88 S.E. 703 (1916) (decided under former law).

Pleadings will generally control as to amount claimed. Browne v. Edwards, 122 Ga. 277, 50 S.E. 110 (1905) (decided under former law).

Favorable construction of all petitions will be adopted. Fine & Bro. v. Southern Express Co., 10 Ga. App. 161, 73 S.E. 35 (1911) (decided under former law).

If evidence warrants finding of damages below jurisdiction, that construction will be adopted. Georgia Ry. & Elec. Co. v. Knight, 122 Ga. 290, 50 S.E. 124 (1905) (decided under former law).

Amount that plaintiff finally recovers is immaterial. Ashworth v. Harper, 95 Ga. 660, 22 S.E. 670 (1895); Forbes Piano Co. v. Owens, 120 Ga. 449, 47 S.E. 938 (1904) (decided under former law).

Combination of small claims may oust court of jurisdiction. Yon v. Baldwin, 76 Ga. 769 (1886) (decided under former law).

Subsequent suit not barred when damages sought exceed jurisdictional limit.

- Although the magistrate court had jurisdiction over the lessor's dispossessory action, it did not have jurisdiction to render a binding judgment on the lessee's counterclaims, which sought money damages that exceeded the $15,000 jurisdictional limit of the magistrate court; because the magistrate court was not a court of competent jurisdiction to resolve those claims on the merits, the trial court correctly ruled that the doctrine of res judicata did not bar the lessee from reasserting the same claims in the current suit, and correctly denied the lessor's motion for summary judgment on that ground. WPD Ctr., LLC v. Watershed, Inc., 330 Ga. App. 289, 765 S.E.2d 531 (2014).

Effect of addition of interest.

- If sum sued for does not exceed jurisdictional amount, the court has jurisdiction even if addition of interest increases amount in controversy over jurisdictional amount. Southern Express Co. v. Hilton, 94 Ga. 450, 20 S.E. 126 (1894); Dumas v. Barnesville Bank, 38 Ga. App. 293, 143 S.E. 794 (1928) (decided under former law).

Total amount may oust court of jurisdiction.

- If, in action on note, principal, interest, and attorney's fees exceed jurisdictional amount, justice of the peace court has no jurisdiction. Searcy v. Tillman, 75 Ga. 504 (1885); Beach v. Atkinson, 87 Ga. 288, 13 S.E. 591 (1891); Almand v. Almand & George, 95 Ga. 204, 22 S.E. 213 (1894); Peeples v. Strickland, 101 Ga. 829, 29 S.E. 22 (1897) (decided under former law).

Attorney's fees are ascertained by adding principal and interest and calculating 10 percent. Morgan v. Kiser & Co., 105 Ga. 104, 31 S.E. 45 (1898); Hamilton v. Rogers, 126 Ga. 27, 54 S.E. 926 (1906) (decided under former law).

Attorney's fees are waived unless defendant is notified as required by Ga. L. 1900, p. 53, § 1 (see now O.C.G.A. § 13-1-11). Godfree & Dellinger v. Brooks, 126 Ga. 627, 55 S.E. 938 (1906) (decided under former law).

If claim is liquidated, creditor cannot relinquish part of damages without consent of debtor. Stewart v. Thompson & Co., 85 Ga. 829, 11 S.E. 1030 (1890) (decided under former law).

Relinquishment principle is applicable to notes. Cox, Hill & Thompson v. Stanton, 58 Ga. 406 (1877) (decided under former law).

Relinquishment principle is applicable to open accounts. Ex parte Gale, 1 Ga. Rpt. Ann. (RMC 214) 193 (1822) (decided under former law).

Relinquishment principle has no application if damages not fixed by agreement or implied by law. Jennings v. Stripling, 127 Ga. 778, 56 S.E. 1026 (1907) (decided under former law).

Suit for damages to personalty. Velvin v. Hall, 78 Ga. 136 (1886) (decided under former law).

Breach of forthcoming bond. Bowden v. Taylor, 81 Ga. 199, 6 S.E. 277 (1887) (decided under former law).

Breach of contract to carry goods. Southern Express Co. v. Hilton, 94 Ga. 450, 20 S.E. 126 (1894) (decided under former law).

Account composed of unliquidated demands. Jennings v. Stripling, 127 Ga. 778, 56 S.E. 1026 (1907) (decided under former law).

Defense that account has been split into separate parts in order to bring amount of each part within jurisdiction of court must be pled. Smith v. Pope, 100 Ga. App. 369, 111 S.E.2d 155 (1959) (decided under former law).

Default judgment for one part waives defense for other part.

- If the debtor, knowing that an account has been divided to bring each part within the jurisdiction of the justice of the peace court, withdraws the debtor's pleadings and suffers a default judgment, the debtor waives any defense to another part of the account so divided. Smith v. Pope, 100 Ga. App. 369, 111 S.E.2d 155 (1959) (decided under former law).

Claim for damages greater than $15,000.

- In an action between a same-sex couple regarding equity in a home, the girlfriend's claims against the homeowner were not barred by res judicata because the claims could not have been litigated in magistrate court in the homeowner's action for dispossession as the magistrate court lacked jurisdiction over the girlfriend's claims because the damages sought were more than $15,000. Smith v. Bell, 346 Ga. App. 152, 816 S.E.2d 698 (2018).

Criminal jurisdiction limited to administration of justice.

- While justice courts have jurisdiction with respect to certain matters in the administration of criminal law, such courts did not have jurisdiction in criminal actions as the word was defined in former Code 1933, § 3-101 (see now O.C.G.A. § 9-2-1). Pate v. Taylor Chem. Co., 88 Ga. App. 127, 76 S.E.2d 131 (1953) (decided under former law).

Extent of municipal court criminal jurisdiction.

- If local Act creating municipal court provides that the criminal jurisdiction of the court would not exceed the jurisdiction of the justice courts of this state, but would extend over the entire county, such municipal court is not thereby given jurisdiction of criminal actions, though it might have jurisdiction with respect to certain matters in connection with the administration of criminal law. Pate v. Taylor Chem. Co., 88 Ga. App. 127, 76 S.E.2d 131 (1953) (decided under former law).

Service outside city limits proper.

- Service on a partner by a deputy marshal of a municipal court is valid though made outside the city limits, but within the county. Heyman v. Decatur St. Bank, 16 Ga. App. 14, 84 S.E. 483 (1915) (decided under former law).

Principal on bond may be sued in court that has jurisdiction of surety even though surety waived jurisdiction in consideration of release. Mumford v. Solomon, 8 Ga. App. 286, 68 S.E. 1075 (1910) (decided under former law).

Application.

- This section applies when judgment is not rendered at place selected by justice in performance of the justice's statutory duty. Carter v. Atkinson, 12 Ga. App. 390, 77 S.E. 370 (1913) (decided under former law).

Judgment rendered outside jurisdiction may be attacked by affidavit of illegality. Mills v. Anderson, 20 Ga. App. 806, 93 S.E. 535 (1917) (decided under former law).

Writ of certiorari will not lie. Gravitt v. Mullins, 28 Ga. App. 806, 113 S.E. 61 (1922) (decided under former law).

Failure to notify as required voids judgment.

- Judgment void if rendered at a place where the statutorily required notice of change of location is not given. Hilson v. Kitchens, 107 Ga. 230, 33 S.E. 71, 73 Am. St. R. 119 (1899) (decided under former law).

An order rendered by the trial judge of the civil court of a county in a bail trover action at a place outside of that county, and without notice to a party against whose interest the judgment was rendered, was a mere nullity, void and of no effect, and could be ignored as such by any party purportedly adversely affected thereby. Zachos v. Rowland, 80 Ga. App. 31, 55 S.E.2d 166 (1949) (decided under former law).

Judgment rendered out of term. White v. Mandeville, 72 Ga. 705 (1884) (decided under former law).

Court cannot be held in nearby house where regular place not heated. McDonald v. Farmers Supply Co., 143 Ga. 552, 85 S.E. 861 (1915) (decided under former law).

Judgment should be signed in courthouse. Bowden v. Taylor, 81 Ga. 199, 6 S.E. 277 (1888) (decided under former law).

No division of running open account.

- Running open account, the items of which have all matured at the time of the suit, cannot be divided into separate parts for the purpose of bringing each part within the jurisdiction of a justice's court without the consent of the defendant. Floyd v. Cox, 72 Ga. 147 (1883); Teat v. Westmoreland, 19 Ga. App. 60, 90 S.E. 1025 (1916) (decided under former law).

This rule has no application to legality or illegality of contracts so as to render prima facie illegal an entire running open account, composed of several contractual transactions during a period of years, merely for the reason that the evidence showed that certain older items of the account were illegal because the trade name of the plaintiff was not registered before the items were contracted, when the evidence also showed that the remaining items were legally contracted after due registration by the plaintiff. Gower v. Ozmer, 55 Ga. App. 81, 189 S.E. 540 (1936) (decided under former law).

Recovery on part of account will bar subsequent action for remainder. Johnson v. Klassett, 9 Ga. App. 733, 72 S.E. 174 (1911) (decided under former law).

Burden is on plaintiff to prove that accounts are different transactions. Parks v. Oskamp, Nolting & Co., 97 Ga. 802, 25 S.E. 369 (1895) (decided under former law).

Liens of other creditors cannot be prejudiced. Bell & Bro. v. Rich, 73 Ga. 240 (1884) (decided under former law).

Shares of stock represented by one certificate may be exchanged.

- If one holds a certificate representing five $50.00 shares of preferred stock one may exchange it for five certificates so that a justice of the peace court will have jurisdiction. Savannah Real Estate, Loan & Bldg. Co. v. Silverberg, 108 Ga. 281, 33 S.E. 908 (1899) (decided under former law).

Not necessary to unite claims for rent.

- If a landlord has two demands for rent, due for consecutive years, the amounts being liquidated, the landlord is not compelled to unite the demands in one distress warrant, although the landlord has the option to do so. McCray v. Samuel, 65 Ga. 739 (1880) (decided under former law).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former § 15-10-52, former Code 1933, §§ 24-602, 24-1001, and 24-1004 are included in the annotations for this Code section.

Choice of forum.

- Courts of Georgia may not restrict the suitor's choice of forum when jurisdiction of a cause of action is vested in more than one court. 1983 Op. Att'y Gen. No. U83-50.

Arrest warrants for persons under 17 years.

- Magistrate may issue arrest warrants for persons under the age of 17. 1984 Op. Att'y Gen. No. U84-30.

Ordering prejudgment attachment or garnishment.

- Because magistrate courts are not "courts of record" magistrate courts may not order prejudgment attachment or garnishment. 1984 Op. Att'y Gen. No. U84-28.

Foreclosure of motor vehicle mechanic's lien.

- Justice of the peace court does not have subject matter jurisdiction to foreclose a motor vehicle mechanic's lien under O.C.G.A. § 40-3-54 since such lien is statutory rather than one arising ex contractu. 1981 Op. Att'y Gen. No. U81-27 (decided under former § 15-10-52).

Definitions of classes referred to.

- This section, in referring to persons "resident of their respective districts," covers those persons who are actually residing in the militia district. The provision relating to "itinerant persons" would cover persons falling in the category similar to traveling lightning rod salespeople, jewelry salespeople, and others who are only traveling through the district; the statute would not apply to a person who was actually a resident of an adjoining district because the jurisdiction of that person would be in the justice court of the adjoining district; the last part of this section, which applies to persons of other districts and particular cases, refers generally to suits against makers and endorsers, coendorsers, and others. 1952-53 Op. Att'y Gen. p. 311 (decided under former Code 1933, § 24-1004).

Justices of the peace court have jurisdiction in bail trover cases up to the amount of $200.00. 1945-47 Op. Att'y Gen. p. 77 (decided under former Code 1933, § 24-1001).

Counties required to furnish dockets and forms.

- Counties are not required to furnish justices of the peace everything the justices may need in the performance of the justices duties; however, counties are required to furnish justices and constables dockets and necessary forms used for process and service by them. 1957 Op. Att'y Gen. p. 33 (decided under former Code 1933, § 24-602).

No modification of judicial order specifying cash bond.

- Sheriff does not have the authority to modify a judicial order and accept a property or surety bond after a magistrate has specified a cash bond. 1987 Op. Att'y Gen. No. U87-22.

Dispossessory and distress warrant proceedings.

- Magistrate court has jurisdiction to try cases and issue writs and judgments in dispossessory and distress warrant proceedings when the amount in controversy exceeds $3,000.00. 1988 Op. Att'y Gen. No. U88-18.

Release of arrestees.

- Magistrate court may, sua sponte, order the release of arrestees who have been arrested without a warrant and if no warrant has been procured as required by O.C.G.A. § 17-4-62, and also if an individual has been arrested with a warrant, but has not been afforded a first appearance hearing within 72 hours of the individual's arrest as required by O.C.G.A. § 17-4-26. 1988 Op. Att'y Gen. No. U88-14.

Jurisdiction over possession of open container of alcohol in vehicle.

- In counties in which there is a state court, both the state court and the magistrate court of the county possess concurrent jurisdiction over the prosecution of individuals charged with violating a county ordinance prohibiting the possession of open containers of alcohol while operating a motor vehicle. 1992 Op. Att'y Gen. No. U92-3.

No jurisdiction outside district.

- Justice of the peace is required to hold court and to maintain an office within the district; the justice does not have jurisdiction of the person or of subject matter in any trial held outside such district. 1970 Op. Att'y Gen. No. U70-44 (decided under former law).

Justice of the peace may prevent interference with a constable in making a levy through contempt processes. 1965-66 Op. Att'y Gen. No. 65-63 (decided under former law).

Justice of the peace plays no part in actual collection of back taxes of either county or state. 1969 Op. Att'y Gen. No. 69-263 (decided under former law).

Justice of the peace has authority to administer oaths and take acknowledgments unless power is expressly restricted to some other officer. 1948-49 Op. Att'y Gen. p. 47 (decided under former law).

Justice of the peace may only administer such oaths in county in which the person is so authorized as justice of the peace. 1948-49 Op. Att'y Gen. p. 47 (decided under former law).

Authority of justice of the peace to serve as sheriff. 1963-65 Op. Att'y Gen. p. 6 (decided under former law).

No special requirement as to form of jurat.

- If the officer is a commissioned justice of the peace of the county and state wherein the oath is administered, the form under which the officer shows the officer's authority to execute the jurat, or whether or not the jurat is attached, is of little consequence and without special requirement as to form. 1948-49 Op. Att'y Gen. p. 47 (decided under former law).

Duty of arrest should be delegated.

- Although a justice of the peace in the exercise of the justice's duties as conservator of the peace may carry the necessary implements for self protection in the discharge of the justice's duties, the duties of arresting persons for violation of laws should be delegated to the constable of the district and the justice should confine activities to the issuing of warrants and such processes as the justice deems necessary to preserve the peace since the offender when arrested may be brought before the justice for a committal hearing; the justice should not be the arresting officer and the magistrate, passing judgment upon the offender arrested by the justice. 1948-49 Op. Att'y Gen. p. 473 (decided under former law).

Justice of the peace may issue warrant for traffic offenses if warrant has not otherwise been issued by judge of the probate court. 1965-66 Op. Att'y Gen. No. 65-57 (decided under former law).

ALR.

- Small claims: jurisdictional limits as binding on appellate court, 67 A.L.R.4th 1117.