Little v. Thompson
Supreme Court of Georgia
Intruders on land. Appeal. Decided, by Judge Knight. Union. Superior Court. May Term, 1869. Thompson and Meadows, Sas administrators of David Thompson, sued out a warrant against Little to eject him 'from a lot on which they said he was an intruder. Little filed his counter affidavit in terms of the law. The issue thus formed was tried before a petit jury in October, 1867, and resulted in a verdict against Little, and a judgment of ouster against him.
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Intruders on land. Appeal. Decided, by Judge Knight. Union. Superior Court. May Term, 1869. Thompson and Meadows, Sas administrators of David Thompson, sued out a warrant against Little to eject him 'from a lot on which they said he was an intruder. Little filed his counter affidavit in terms of the law. The issue thus formed was tried before a petit jury in October, 1867, and resulted in a verdict against Little, and a judgment of ouster against him. Little entered an appeal according to the statute applicable to appeals. When the cause was called in May, 1869, a special jury was empanneled…
1Opinion of the CourtBrown, C. J.
The single question for decision in this case is, whether an appeal lay, prior to the adoption of the new Constitution, from the verdict of a petit jury to a special jury on an issue growing out of a proceeding under sections 4000, 4001 and 4002 of the Code. When the affidavit and counter-affidavit are filed, it is declared, by section 4002, that the contending parties shall be remitted to their respective rights, and the sheriff shall return both affidavits and deposit them in the office of the Clerk of the Superior Court of the county in which the land lies, upon which an issue shall be…
2Cases cited1 opinion
- Parker v. BeemanSupreme Court of Georgia · 1859