Park v. Callaway
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Pulton superior court. March 24, 1906. Park filed his petition against Mrs. W. A. Callaway, her attorneys, and the constable of a justice’s court, alleging, in brief, as follows: Mrs. Callaway brought a suit in a justice’s court against Park. At the term to which it was returnable, a bill of particulars was demanded, and the case was continued. Park pleaded to the suit.
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Equitable petition. Before Judge Pendleton. Pulton superior court. March 24, 1906. Park filed his petition against Mrs. W. A. Callaway, her attorneys, and the constable of a justice’s court, alleging, in brief, as follows: Mrs. Callaway brought a suit in a justice’s court against Park. At the term to which it was returnable, a bill of particulars was demanded, and the case was continued. Park pleaded to the suit. On the next date for the convening of the justice’s court the attorney for Park had a ease set in the superior court of another county, which he desired to attend. Before the'…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1, 2. The law has not created any such officer as a clerk of a justice of the peace. If the justice employs a person to assist him in clerical work, such person is merely a scrivener or employee, not a public official. Inquiries made of such a person as to the setting of eases, and information given by him that a easejhad not been set for trial during a given term, and would not be tried until a later term, do not amount to action by the justice or the justice’s court. In Ballard Transfer Co. v. Clark, 91 Ga. 234, it was held that even if the magistrate…
2Cases cited7 opinions
- House v. OliverSupreme Court of Georgia · 1905
- Gunn v. TackettSupreme Court of Georgia · 1881
- Johnson v. DriverSupreme Court of Georgia · 1899
- Hart v. LazaronSupreme Court of Georgia · 1872
- Ballard Transfer Co. v. ClarkSupreme Court of Georgia · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nashville, Chattanooga & Saint Louis Railway v. BrownCourt of Appeals of Georgia · 1908
- Harrell v. Davis Wagon Co.Supreme Court of Georgia · 1913
- Lott v. Wood & BrotherSupreme Court of Georgia · 1911
- Williamson v. WilliamsonSupreme Court of Georgia · 1922
- Sullivan v. Douglas Gibbons Inc.Supreme Court of Georgia · 1939
5 more not listed; retrieve them via the Exa API.