dissenting.
"All suits before justices of the peace shall be commenced by written summons. . . and such justice of the peace shall attach a copy of the note, account, or cause of action sued on, to said summons at the time the same is issued.” Code § 24-1102.
"Be it further enacted by the authority aforesaid, that the Civil and Criminal Court of DeKalb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout DeKalb County. In addition thereto said court shall have jurisdiction. . .” etc. Ga. L. 1962, p. 3227.
Justice court jurisdiction is limited to suits of under $300. Lee v. G.A.C. Finance Corp., 130 Ga. App. 44 (202 SE2d 221) and other cases cited in the majority opinion involved actions for larger amounts as to which a complaint must be filed under the Civil Practice Act. Code Ann. § 81A-104. Additionally, Gresham v. Symmers, 227 Ga. 616 (1) (182 SE2d 764) involves the constitutionality of an entirely different statute and would not apply here.
In my opinion the summons meets statutory requirements and is not subject to a motion to dismiss.
I am authorized to state that Judge Evans concurs in this dissent.