Crow v. Morris
Supreme Court of Georgia
Forcible Entry and Detainer, and certiorari thereto, in Walker Superior Court. Tried before Judge John H. Lump-kin, December Term, 1853. This was a certiorari, sued out to the proceeding before a Justices’ Court, upon a warrant for forcible entry and detainer.
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Forcible Entry and Detainer, and certiorari thereto, in Walker Superior Court. Tried before Judge John H. Lump-kin, December Term, 1853. This was a certiorari, sued out to the proceeding before a Justices’ Court, upon a warrant for forcible entry and detainer. The error complained of was, that'the Justices refused to dismiss the warrant,1 upon the ground, that the affidavit to obtain it, was sworn to before a Justice of the Peace of Oobh county, and not of the county where the land was located. The presiding Judge sustained .the certiorari, and ordered the proceedings in the Court below to be…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
£1.] The fifteenth section of the ninth division of the Penal Code, begins with these words: “ any one or more Justice or Justices of the Peace, upon complaint, made on oath, of any forcible entry into lands or tenements, or of any forcible detainer of the same, shall have power to draw a Jury of twelve men, from the Jury-box of the district in which the lands and tenements, so alleged to be forcibly entered or detained, are situated, and cause the Sheriff of the county, or Constable of the district, to summon them to be and appear at the usual…
2Cited by3 opinions
- Meredith v. Knott & HollingsworthSupreme Court of Georgia · 1865
- Geary v. ParkerSupreme Court of Arkansas · 1898
- Geary v. ParkerSupreme Court of Arkansas · 1898