
    DYAR v. SCOTT.
    May 11, 1896. Argued at the last term.
    Appeal. Before Judge Milner. Bartow superior court. January term, 1895.
    An affidavit was made to foreclose a landlord’s lien for $61.74. Defendant claimed, among other defences, a set-off of $39.50. After the suit was commenced, he paid into the justice’s court $35.13, and thereafter judgment was rendered against him for $26.60.. He appealed to the superior court, where plaintiff moved to dismiss the appeal, for the reason that the sum claimed in the appeal case was less than $50. The motion was overruled.
    
      T. C. Milner, by Harrison & Peeples, for plaintiff.
    
      J. B, Conyers, by Kontz & Conyers, for defendant.
   Lumpkin, J.

This case is controlled by the decision of this court in Bell v. Davis, 93 Ga. 233. See the authorities there cited.

Judgment affvi'med.  