Legal Opinion

Hinton v. Lindsay

Supreme Court of Georgia

Decided November 15, 1856No. 144PublishedCited by 25 opinions

Motion,’ in Wilkes Superior Court. Decision by Judge-James Thomas, September Term, 1856. This was a controversy between judgments on a money rule. The ft. fas. in favor of Hinton were upon judgments rendered by one Bradford, as a J. P. at a time when he was engaged in teaching school in a district adjoining that in which he claimed to be Justice.

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Motion,’ in Wilkes Superior Court. Decision by Judge-James Thomas, September Term, 1856. This was a controversy between judgments on a money rule. The ft. fas. in favor of Hinton were upon judgments rendered by one Bradford, as a J. P. at a time when he was engaged in teaching school in a district adjoining that in which he claimed to be Justice. Four nights of each week were spent in the district where he taught school, and two at his father’s house, in the other district, where he had previously resided; and the seventh nights, sometimes at one place and sometimes the other; he was a single…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] Did the Justice, Bradford, reside out of the district at the time he rendered the judgment in favor of Jesse H. 'Hinton? ‘ '

We concur .with Judge Thomas, that this question is to he •determined, not by the Common Law, but by the Act of 1838. That Statute was passed for the express purpose of “fully” defining what should constitute the legal residence of citizens and inhabitants-of this-State. The preamble recites, that “ whereas, no small degree of embarrassment has arisen and is likely to arise from- the indefinite v manner in which the…

2Cases cited5 opinions

  1. Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
  2. People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Wilcox v. SmithNew York Supreme Court · 1830
  4. Bucknam v. RugglesMassachusetts Supreme Judicial Court · 1818
  5. People ex rel. Garmo v. BartlettNew York Supreme Court · 1831

3Cited by25 opinions

  1. Doyal v. RussellSupreme Court of Georgia · 1936
  2. Sutton v. AdamsSupreme Court of Georgia · 1934
  3. Travelers Insurance Co. v. MixonCourt of Appeals of Georgia · 1968
  4. Gunn v. TackettSupreme Court of Georgia · 1881
  5. Bedingfield v. First National BankCourt of Appeals of Georgia · 1908

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