Legal Opinion · Dissent

West v. Baumgartner

Court of Appeals of Georgia

Decided July 7, 1971No. 45908, 45909, 45910, 45911, 45912, 45913Published

1DissentDeen, Judge

Under Section 1 of the Act of 1902, the State ceded ownership of the land under the non-navigable tidal waters to "the present owner of the adjacent land for all purposes, including among others the exclusive right to oysters, clams and other shellfish therein or thereon.” "The rule [of ejusdem generis] however, does not necessarily require that the general provision be limited in its scope to the identical things specifically named. Nor does it apply when the context manifests a contrary intention.” Black’s Law Dictionary, 4th Ed. Obviously "for all purposes” does not mean only the right to…

2Cases cited7 opinions

  1. Hartshorn v. SmithSupreme Court of Georgia · 1898
  2. Hearn v. BatchelorCourt of Appeals of Georgia · 1933
  3. Tanner-Brice Co. v. BarrsCourt of Appeals of Georgia · 1937
  4. Johnson v. MillerSupreme Court of Iowa · 1884
  5. Birdsall v. SmithMichigan Supreme Court · 1909

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