Hathaway v. Smith
Supreme Court of Georgia
Action for damages. Before Judge Nottingham. City court of Macon. July 12, 1902. Mrs. Hathaway sued George L. Smith and J. B. Golden, alleging, in brief, that Smith was a justice of the peace, and Golden constable of the justice’s court; that Golden forcibly entered her house and, in spite of her objections, seized a trunk and three rugs belonging to her and carried them to Smith’s court, under an alleged execution issued by Smith, which purported to have been based on the…
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Action for damages. Before Judge Nottingham. City court of Macon. July 12, 1902. Mrs. Hathaway sued George L. Smith and J. B. Golden, alleging, in brief, that Smith was a justice of the peace, and Golden constable of the justice’s court; that Golden forcibly entered her house and, in spite of her objections, seized a trunk and three rugs belonging to her and carried them to Smith’s court, under an alleged execution issued by Smith, which purported to have been based on the foreclosure of a laborer’s lien in the justice’s court; that he had no right to do this, there being no proceeding in the…
1Opinion of the CourtLamar, J.
The petition was, no doubt, subject to special demurrer ; for while very full in its statement of injuries inflicted on the plaintiff, it is extremely meager as to the facts on which the defendants’ liability is based. Still, it does positively aver that no affidavit was made, and that the execution was collusively issued for the purpose of exacting costs. -If, therefore, the justice affixed his signature to the jurat when no affidavit had been made, and issued an execution when there had in fact been no appeal to him as a judicial officer, he was not acting judicially, but for his own…
2Cases cited3 opinions
- Calhoun v. LittleSupreme Court of Georgia · 1898
- Gault v. WallisSupreme Court of Georgia · 1875
- Gunn v. PatishalSupreme Court of Georgia · 1873
3Cited by4 opinions
- Atlanta Ice & Coal Co. v. ReevesSupreme Court of Georgia · 1911
- Raley v. Mayor of WarrentonSupreme Court of Georgia · 1904
- Simpson v. JonesSupreme Court of Georgia · 1936
- Plunkett's School for Boys v. City of ThomasvilleSupreme Court of Georgia · 1934