Legal Opinion

Polk v. Thomason

Supreme Court of Georgia

Decided April 16, 1908PublishedCited by 7 opinions

Action for penalty. Before Judge Lewis. Jasper superior court. March 25, 1907. G. W. Polk sued D. C. Thomason to recover the statutory penalty prescribed by the act of December 17, 1901 (Acts 1901, p. <63), for wrongfully employing one alleged to be the cropper of the plaintiff.

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Action for penalty. Before Judge Lewis. Jasper superior court. March 25, 1907. G. W. Polk sued D. C. Thomason to recover the statutory penalty prescribed by the act of December 17, 1901 (Acts 1901, p. <63), for wrongfully employing one alleged to be the cropper of the plaintiff. The petition alleged: “That one Lucius Freeman entered into a verbal contract with petitioner in the fall of 1905, to •work as a cropper and cultivate a one-horse farm for petitioner, 'on the halves, in the year 1906; that said contract was made in the presence of one witness.” At the time the contract was made,…

1Opinion of the CourtFish, C. J.

(After stating the facts.)

The statute involved in this case is exceedingly drastic. In its amended form, the first section of the act provides, that “when the relation of employer and employee, or of landlord and tenant of agricultural lands, or of landowner and cropper, has been created by written contract, or^by parol contract partly performed, made in the presence of one or more witnesses, it shall be unlawful for any person during the life of said contract, made and entered into in the manner above described, to employ, or rent lands-to, or furnish lands to be cropped by said employee, or…

2Cited by7 opinions

  1. Sale v. LeachmanSupreme Court of Georgia · 1963
  2. Pacolet Manufacturing Co. v. WeissSupreme Court of Georgia · 1937
  3. Orr v. HardinCourt of Appeals of Georgia · 1908
  4. Snell v. McCoyCourt of Appeals of Georgia · 1975
  5. DeFreeze v. StateCourt of Appeals of Georgia · 1975

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