Legal Opinion

Sims v. Hutcheson

Supreme Court of Georgia

Decided May 13, 1884PublishedCited by 1 opinion

Roads and Bridges. County Matters. Notice. Courts. Before Judge Pottle. Oglethorpe Superior Court. October Term, 1883. Moses Sims filed his jietition for a certiorari to the judgment of a road commissioners’ court against him as a defaulter.

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Roads and Bridges. County Matters. Notice. Courts. Before Judge Pottle. Oglethorpe Superior Court. October Term, 1883. Moses Sims filed his jietition for a certiorari to the judgment of a road commissioners’ court against him as a defaulter. The answer of the commissioners showed, in brief, as follows: On September 21, 1881, the road overseer returned Sims and certain others as defaulters, at a working of the public roads on September 20. Thereupon the district commissioners issued a written notice, directed to the defaulters reported, and posted it at the post-office and two other public…

1Opinion of the Court

Jackson, Chief Justice.

The judge of the superior court, on a certiorari to the road commissioners, sanctioned their action in fining the plaintiff in error, and when he refused to pay it, in sending him to jail for ten days. Error is assigned on that judgment.

1. The notice was legal at the time given, it being posted according to the Code, §626. The act of 1881, altering the mode of notice to personal notice, was passed after - this notice was given under that section.

2. The commissioners’ court was held within twenty days, instead of after, as the Code reads, section 658, par. 3. The…

2Cases cited1 opinion

  1. Singleton v. HolmesSupreme Court of Georgia · 1883

3Cited by1 opinion

  1. Town of Germantown v. Industrial CommissionWisconsin Supreme Court · 1922

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