Calhoun v. Cawley
Supreme Court of Georgia
Petition for scire facias. Before Jn dge Smith. Montgomery superior court. April term, 1897. The petition of B. S. Calhoun, for scire facias requiring William Cawley to show cause why a certain land grant to him from the State should not be set aside, was demurred to by the defendant, on the grounds: (1) The State is not, but should be, a party. (2) No cause of action is set forth.
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Petition for scire facias. Before Jn dge Smith. Montgomery superior court. April term, 1897. The petition of B. S. Calhoun, for scire facias requiring William Cawley to show cause why a certain land grant to him from the State should not be set aside, was demurred to by the defendant, on the grounds: (1) The State is not, but should be, a party. (2) No cause of action is set forth. (3) Petitioner does not allege that he was the owner of any adjoining lands at the time the grant was made. (4) Scire facias is not the right remedy for the matter complained of. (5) The judgment of the court of…
1Opinion of the CourtLumpkin, P. J.
1. A proper determination of the controlling question presented by the case now before us involves a consideration of the right of a private citizen to avail himself of the writ of scire facias in order that a grant from the State to a third person may be revoked and set aside. It becomes necessary, in view of the uncertainty which apparently envelops our law upon this subject, to notice briefly the nature and purpose of this writ under the English practice, from which we have borrowed this form of procedure. “In England, a scire facias is an original action when it is issued to repeal…
2Cases cited5 opinions
- Lucas v. LucasSupreme Court of Georgia · 1860
- Hilliard v. Doe ex dem. ConnellySupreme Court of Georgia · 1849
- Walker v. WellsSupreme Court of Georgia · 1855
- Dart v. OrmeSupreme Court of Georgia · 1870
- Parker v. HughesSupreme Court of Georgia · 1858
3Cited by26 opinions
- Rivers v. Cole CorporationSupreme Court of Georgia · 1952
- Brooks v. StateSupreme Court of Georgia · 1936
- Week v. Big Bunker Hill Mining Corp.Supreme Court of Georgia · 1941
- Sutton v. AdamsSupreme Court of Georgia · 1934
- Hagan v. Asa G. Candler Inc.Supreme Court of Georgia · 1939
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