Legal Opinion

Aycock v. Martin

Supreme Court of Georgia

Decided December 15, 1867No. 1; No. 2; No. 3; No. 4PublishedCited by 20 opinions

Stay-laws. No. 1 by Judge Milner, in Bartow Superior Court, September Term, 1866. No. 2 by Judge William M. Reese, Oglethorpe Superior Court, April Term, 1867. No. 3 by Judge Clarke, Randolph Superior Court, May Term, 1867. Ho. 4 bjr Judge Warmer, Troup Superior Court, May Term, 1867. [Ho. 1.] Aycock, as sheriff, was ruled for not making the money on a fi. fa.

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Stay-laws. No. 1 by Judge Milner, in Bartow Superior Court, September Term, 1866. No. 2 by Judge William M. Reese, Oglethorpe Superior Court, April Term, 1867. No. 3 by Judge Clarke, Randolph Superior Court, May Term, 1867. Ho. 4 bjr Judge Warmer, Troup Superior Court, May Term, 1867. [Ho. 1.] Aycock, as sheriff, was ruled for not making the money on a fi. fa. (issued upon a mortgage made the 7th day of May, 1859, for $790.00 principal, $406.00 interest and costs). He shoAved for cause, that the stay-laAvs prevented a levy. The Court held this showing insufficient, and granted a rule absolute…

1Opinion of the CourtWarner, C. J.

The question made by the record in this case, involves the constitutionality of the act of the Legislature passed on the 13th December, 1866, commonly known as the “stay law.” The Constitution of the United States declares that “no State shall pass any law, impairing the obligation of contracts.” The Constitution of the State of Georgia declares, that “ ex post facto laws, laws impairing the obligation of contracts, and retroactive laws, injuriously affecting any right of the citizen, are prohibited.” The Constitution of the State of Georgia further declares, that “ legislative acts in…

2Cases cited1 opinion

  1. Green v. BiddleSupreme Court of the United States · 1823

3Cited by20 opinions

  1. Armstrong v. SmithCalifornia Court of Appeal · 1942
  2. Bank of Norman Park v. Colquitt CountySupreme Court of Georgia · 1929
  3. Walker Electrical Co. v. WaltonSupreme Court of Georgia · 1948
  4. Estep v. StateCourt of Appeals of Georgia · 1973
  5. Bryan v. BryanSupreme Court of Georgia · 1979

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