Legal Opinion

Freeman v. Gaither

Supreme Court of Georgia

Decided April 27, 1886PublishedCited by 2 opinions

Justice Courts. Judgments. Constitutional Law. Laws. Publications. Words and Phrases. Before Judge Simmons. Meriwether Superior Court. August Term, 1885. A fi. fa. in favor of Gaither against Shuttles was levied on certain land, and Freeman interposed a claim. On the trial, the plaintiff offered the execution in evidence. It stated that it had been rendered on August 18, 1879, by a notary public' and ex ojfieio justice of the peace.

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Justice Courts. Judgments. Constitutional Law. Laws. Publications. Words and Phrases. Before Judge Simmons. Meriwether Superior Court. August Term, 1885. A fi. fa. in favor of Gaither against Shuttles was levied on certain land, and Freeman interposed a claim. On the trial, the plaintiff offered the execution in evidence. It stated that it had been rendered on August 18, 1879, by a notary public' and ex ojfieio justice of the peace. The claimant showed by the regular justice that the justice’s court for the district was held on the first Monday in each month, a time different from when the…

1Opinion of the Court

Blandford, Justice.

1. The question in this case is, whether a j udgment rendered by a notary public, ex officio justice of the peace, at a time and place not fixed or stated as a. place and time for holding justices’ courts in the militia district of which he was such notary, thirty or fifteen days after the passage of the act of July 21, 1879, to carry into effect paragraph 2, section 7, article 6 of the constitution of this state, is void. The paragraph, section and article of the constitution require justices of the peace and notaries public of this state to hold their courts at fixed…

2Cited by2 opinions

  1. Green v. AlexanderSupreme Court of Georgia · 1891
  2. Bellinger v. Mutual Benefit Industrial Life Insurance Ass'nCourt of Appeals of Georgia · 1919

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