Legal Opinion

Lawson v. Cunningham

Supreme Court of Georgia

Decided June 15, 1866PublishedCited by 5 opinions

In Equity. In Bibb Superior Court. Bill for Discovery, Relief, &c. Tried before Judge Lamar. May Term, 1860. James Cunningham, the intestate of the defendant in error, died in Jones county, in 1811. Robert Cunningham, his nephew, "and the father of Robert Cunningham, the defendant in error, administered upon Kis estate, and in his character of administrator, brought an action of trover, in 1830, against one John Martin to recover certain negro slaves.

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In Equity. In Bibb Superior Court. Bill for Discovery, Relief, &c. Tried before Judge Lamar. May Term, 1860. James Cunningham, the intestate of the defendant in error, died in Jones county, in 1811. Robert Cunningham, his nephew, "and the father of Robert Cunningham, the defendant in error, administered upon Kis estate, and in his character of administrator, brought an action of trover, in 1830, against one John Martin to recover certain negro slaves. In the next year, 1831, the action was dismissed at the defendant’s cost. In 1851 or 1852 Robert Cunningham the elder, the same who was the…

1Opinion of the Court

'Lumpkin, C. J.

I shall address myself exclusively to the question of jurisdiction as it disposes of the case, at least for the present, and, as it will be seen in the course of this opinion, not for the purpose of avoiding labor in examining the i/weniy-fowr grounds taken on the motion for a new trial, hut for defending and protecting an important right guaranteed by the constitution of the State to the plaintiff in error, and that is the right which every man has of being sued in the county of his residence, unless in certain excepted cases, in which this is not included.

It is admitted, and…

2Cited by5 opinions

  1. Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
  2. Edwards v. KilpatrickSupreme Court of Georgia · 1883
  3. Banks v. City of HamptonCourt of Appeals of Georgia · 2006
  4. Bell v. McDonaldCourt of Appeals of Georgia · 1968
  5. Hopkins v. KiddSupreme Court of Georgia · 1941

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