Legal Opinion

Bagley v. Columbus Southern Rwy. Co.

Supreme Court of Georgia

Decided June 18, 1896PublishedCited by 16 opinions

Certiorari. Before Judge Butt. Chattahoochee superior court. March term, 1895.

1Opinion of the Court

Simmons, Chief Justice.

' 1. Under the constitution of 1877, the jurisdiction of a justice’s court over actions arising ex delicto is confined to “cases of injuries or damages to personal property.” Code, §5153; James v. Smith & Bro., 62 Ga. 345, 347; Mayor etc. of Cartersville v. Lyon, 69 Ga. 577, 580; White Star Line Steamboat Co. v. County of Gordon, 81 Ga. 47. It follows that a justice’s court has no jurisdiction of a case in which the plaintiff seeks to recover damages for an injury to realty caused by the wrongful act of the defendant.

2. In the present case, which was commenced in a…

2Cases cited11 opinions

  1. Coody v. Gress Lumber Co.Supreme Court of Georgia · 1889
  2. Dollar v. RoddenberySupreme Court of Georgia · 1895
  3. Mayor of Cartersville v. LyonSupreme Court of Georgia · 1882
  4. Pitts v. HendrixSupreme Court of Georgia · 1849
  5. White Star Line Steamboat Co. v. County of GordonSupreme Court of Georgia · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Francis Bros. v. SchallbergerOregon Supreme Court · 1931
  2. Williams v. MitchemSupreme Court of Georgia · 1921
  3. McNorrill v. DanielSupreme Court of Georgia · 1904
  4. Chapman v. Silver & BrotherCourt of Appeals of Georgia · 1916
  5. Hixon v. CallawayCourt of Appeals of Georgia · 1907

11 more not listed; retrieve them via the Exa API.

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