James v. Thompson
Supreme Court of Georgia
Questions certified by Court of Appeals (Case No. 8686). The Court of Appeals has certified to the Supreme Court the following questions upon which it desires instructions: 1. “In.the statutory provisions for a hearing and judgment by a justice of the peace, where damages are claimed on account of trespass committed by certain kinds of animals while going at large (Civil Code of 1910, § 2034), was it the intention of the legislature that such cases should be included in the…
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Questions certified by Court of Appeals (Case No. 8686). The Court of Appeals has certified to the Supreme Court the following questions upon which it desires instructions: 1. “In.the statutory provisions for a hearing and judgment by a justice of the peace, where damages are claimed on account of trespass committed by certain kinds of animals while going at large (Civil Code of 1910, § 2034), was it the intention of the legislature that such cases should be included in the jurisdiction of a justice’s court or of the magistrate in his capacity of justice of the peace; or was the intention…
1Opinion of the CourtFish, C. J.
1. The constitution confers on the legislature the power to create special tribunals. It declares: “The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, superior courts, courts of ordinary, justices of the peace, commissioned notaries public, and such other courts as have *202been or may be established by law.”' Article 6, section 1, paragraph 1, Civil Code, § 6497. The adjudications of this court have recognized the distinction between a court and the judge thereof. The legislature has conferred upon ordinaries jurisdiction with reference to setting apart…
2Cases cited5 opinions
- McDonald v. Farmers Supply Co.Supreme Court of Georgia · 1915
- Cunningham v. United States Savings & Loan Co.Supreme Court of Georgia · 1900
- Kelly v. JacksonSupreme Court of Georgia · 1881
- Davis v. JamesSupreme Court of Georgia · 1916
- Pettingall v. NolanSupreme Court of Georgia · 1855
3Cited by6 opinions
- Philadelphia Underwriters v. FoldsSupreme Court of Georgia · 1923
- Hall v. SimmonsCourt of Appeals of Georgia · 1936
- Callier v. TrussellCourt of Appeals of Georgia · 1946
- James v. ThompsonCourt of Appeals of Georgia · 1918
- Benton v. BentonCourt of Appeals of Georgia · 1936
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