Planters' & Mechanics' Bank of Columbus v. Chipley
Muscogee County Superior Court, Ga.
Petition for Certiorari in Muscogee Superior Court. 1. The Justices’ Courts of Georgia are not Courts of Record, 2. Several suits cannot be commenced by the same plaintiff, against the same defendant, at the same time, in a Court, not of Record, on several causes of action, which, in the aggregate, exceed the jurisdiction of such Court.
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Petition for Certiorari in Muscogee Superior Court. 1. The Justices’ Courts of Georgia are not Courts of Record, 2. Several suits cannot be commenced by the same plaintiff, against the same defendant, at the same time, in a Court, not of Record, on several causes of action, which, in the aggregate, exceed the jurisdiction of such Court. S. Parties cannot, with a view of giving Justices’ Courts jurisdiction of a debt exceeding thirty dollars, divide it into smaller sums, though payable on different days. The Act of 1811, which authorizes it, is violative of the Constitution of 1798, under…
1Opinion of the Court
The facts stated in the petition are admitted. Is the Court of the Justices of the Peace, in this State, a Court of Record! This has long been, and still is, a vexed question in Georgia. “A Court of Record is that where the acts and the judicial proceedings, aro enrolled on parchment, for a perpetual memorial and testimony, which rolls of Court are called the Records of the Court, and are of such high and supereminent authority, that their truth is not to be called in question : for it is a settled rule and maxim, that nothing shall be averred against a Record, nor shall any plea, or even…
2Cases cited9 opinions
- Turner, Administrator of Stanley, in Error v. The President, Directors and Company of the Bank of North AmericaSupreme Court of the United States · 1799
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- Smith v. JonesNew York Supreme Court · 1818
- Wyatt v. JudgeSupreme Court of Alabama · 1838
- Willard v. SperryNew York Supreme Court · 1819
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