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Lawskills.com Georgia Caselaw
PORTER et al. v. MID-STATE HOMES, INC.
49583.
BELL, Chief Judge.
Action for money had and received. DeKalb State Court. Before Judge Smith.
In this suit the plaintiffs sought to recover money from defendant, a nonresident of Georgia, which allegedly was paid by them to the latter under duress. In personam jurisdiction over the defendant was predicated on either or both of two parts of our Long Arm Statute, viz. the transaction of any business within this state or the ownership, use or possession of any real estate situated in Georgia. Code Ann. 24-113.1 (a, d). The trial court dismissed the complaint on motion of defendant for lack of personal jurisdiction. The facts are not in dispute. The plaintiffs executed a security deed to their real property located in DeKalb County to the Jim Walters Corporation who in turn transferred the security deed to defendant. Defendant by and through its Georgia attorney acting under the power contained in the security deed advertised the realty for sale in a DeKalb County newspaper by reason of default in payment of insurance premiums. Plaintiffs thereafter paid defendant's Georgia counsel $656 to prevent the sale of the realty. This payment, which plaintiffs allege was made involuntarily, forms the basis of the claim for relief. Held:
2. The defendant in its brief argues that the plaintiffs cannot recover in any event even if jurisdiction was acquired and the lower court erred in dismissing the complaint. This argument raises an issue not ruled on by the lower court and therefore we will not consider it.
Edwin F. Hunt, for appellee.
William F. Lozier, for appellants.
SUBMITTED SEPTEMBER 9, 1974 -- DECIDED JANUARY 13, 1975.
Friday May 22 10:46 EDT


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