GADDIS v. MOSS

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.