Chattahoochee Brick Co. v. Goings
Supreme Court of Georgia
Complaint. Before Judge Bell. Eulton superior court. September 29, 1909. Timothy Goings brought suit against the Chattahoochee Brick Company. The allegations of his petition made, in brief, the following case: On January 23, 1901, he was sentenced to a term of three years imprisonment at hard manual labor. Five days later he was sentenced to a similar term of two years. Each sentence specified that the period was to be computed from his delivery into custody.
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Complaint. Before Judge Bell. Eulton superior court. September 29, 1909. Timothy Goings brought suit against the Chattahoochee Brick Company. The allegations of his petition made, in brief, the following case: On January 23, 1901, he was sentenced to a term of three years imprisonment at hard manual labor. Five days later he was sentenced to a similar term of two years. Each sentence specified that the period was to be computed from his delivery into custody. His sentences were therefore to be served concurrently, and not consecutively. He was taken into custody on March 16, 1901, and the…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) Two leading questions are involved: (1) Was the plaintiff unlawfully restrained of his liberty and compelled to work at the brick yard and “convict camp” of the defendant? (2) If so, was the defendant liable therefor? Under the act of March 3, 1874 (Acts 1874, p. 26), and the act of February 25, 1876 (Acts 1876, p. 40), the State convicts were leased or farmed out. The persons to whom the hiring of the convicts was made were termed “lessees.” The possession and the custody of the convicts were in the lessees, certain power of regulation, supervision, and control…
2Cases cited19 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Hamby & Toomer v. Georgia Iron & Coal Co.Supreme Court of Georgia · 1907
- Fortson v. Elbert CountySupreme Court of Georgia · 1903
- Hightower v. HollisSupreme Court of Georgia · 1904
- Patterson v. CrawfordIndiana Supreme Court · 1859
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3Cited by16 opinions
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- Burch v. KingCourt of Appeals of Georgia · 1914
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- Lee v. SOUTHERN TELECOM CO.Court of Appeals of Georgia · 2010
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