Opinion
49555.
ARGUED JULY 9, 1974.
DECIDED JULY 16, 1974.
Dispossessory warrant. Jackson Superior Court. Before Judge Dunahoo.
James H. Smith, pro se. Greer, Sartain Carey, J. Nathan Deal, Davis Davidson, Jack S. Davidson, for appellees.
1. "The burden is always on the appellant in asserting error to show it affirmatively by the record. Roach v. State, 221 Ga. 783 (4) ( 147 S.E.2d 299); Kemp v. State, 226 Ga. 506 (2) ( 175 S.E.2d 869); Riggins v. State, 226 Ga. 381, 383 ( 174 S.E.2d 908); Lott v. State, 123 Ga. App. 781 (2) ( 182 S.E.2d 546); Manning v. State, 123 Ga. App. 844 (4) ( 182 S.E.2d 690). Further, injury resulting from such error must also be shown. Smith v. State, 224 Ga. 750 (2, 3) ( 164 S.E.2d 784); Brooks v. State, 125 Ga. App. 867 (3) ( 189 S.E.2d 448); Robinson v. State, 229 Ga. 14 (1) ( 189 S.E.2d 53)." McKenzey v. State, 127 Ga. App. 304 (1) ( 193 S.E.2d 226).
2. Defendant in this dispossessory warrant proceeding, representing himself on appeal, complains that although verdict and judgment were in his favor in the main action, the trial court erred in not allowing him to pursue his counterclaim as originally filed. However, he has utterly failed to demonstrate harmful, reversible error by references to the record and argument and citation of authority as required by the rules of this court. Since plaintiffs below took the position that the matters asserted in the counterclaim could not properly be adjudicated in this proceeding, and invoked a ruling to this effect, defendant is not precluded from pursuing his claims in a separate proceeding. Cf. Willis v. Kemp, 130 Ga. App. 758, 760, and cases cited.
Judgment affirmed. Pannell, P. J., and Stolz, J., concur.