J. W. Clayton & Co. v. Wallace
Supreme Court of Georgia
New Trial. Judge pro hac vice. Bill of Exceptions, Before Honorable John Collier, presiding by consent. Fulton County. Chambers. February, 1870. J. W. Clayton & Company sued Wallace, as Superintendent of the Western and Atlantic Railroad, for the non-delivery of certain corn entrusted to said Western and Atlantic Railroad, as a common-carrier.
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New Trial. Judge pro hac vice. Bill of Exceptions, Before Honorable John Collier, presiding by consent. Fulton County. Chambers. February, 1870. J. W. Clayton & Company sued Wallace, as Superintendent of the Western and Atlantic Railroad, for the non-delivery of certain corn entrusted to said Western and Atlantic Railroad, as a common-carrier. Judge Pope being of counsel *for plaintiffs, the parties agreed that the Honorable John Collier, a practising attorney of said Court, where said suit was pending, should preside therein and “exercise all the functions of a Judge, and to the extent of…
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the Court below in this case, was the refusal of the pro tempore Judge to hear and decide the motion for a new trial. The Superior Courts of this State are created and organized by the Constitution and laws thereof, and continue to exist, whether Judges be appointed to preside therein or not. A pro tempore Judge selected under the provisions of the Code for the trial of a case, may exercise all the functions of a Judge of the Superior Court in that case: Code, 240; Henderson v. Pope, 39th Georgia Reports, 361. In such cases, the functions of such pro…
2Cited by3 opinions
- Gainesville Buggy & Wagon Co. v. MorrowCourt of Appeals of Georgia · 1919
- Bivins v. Bank of RichlandSupreme Court of Georgia · 1899
- Atlanta Coach Co. v. CobbSupreme Court of Georgia · 1934