Legal Opinion

Mayor of Cartersville v. Lyon

Supreme Court of Georgia

Decided December 5, 1882PublishedCited by 16 opinions

Municipal Corporations. Jurors. Possession. Landlord and Tenant. Constitutional Law. Before Judge Fain. Bartow Superior Court. January Adjourned Term, 1882. Lyon and wife brought an action for damages against the Mayor, etc., of Cartersville, for entering upon land and carrying away gravel therefrom, and damaging the property by hauling the gravel across it.

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Municipal Corporations. Jurors. Possession. Landlord and Tenant. Constitutional Law. Before Judge Fain. Bartow Superior Court. January Adjourned Term, 1882. Lyon and wife brought an action for damages against the Mayor, etc., of Cartersville, for entering upon land and carrying away gravel therefrom, and damaging the property by hauling the gravel across it. The case was brought September 14, 1877. It was appealed to the superior court October 1, 1877. On the trial, the evidence as to the value of the land, the damage done to it, and whether the gravel was taken with the consent of the owner…

1Opinion of the Court

Jacicson, Chief Justice. *

1. The three jurors stricken from the panel of twenty-four, numbers one and two of the regular traverse juries, on the ground that they were citizens of Cartersville, were competent jurors, though that city was defendant. Code 1672 (f); acts of 1875, p. 96 ; 1874, p. 45. This alters the law as it stood when the cases in 7 Ga., 139, and in 46 Ga., 80, were decided. They were stricken over the objection of the city of Cartersville, the plaintiff in error, and under the law, we think that the error requires anew trial, unless the facts demanded the verdict beyond…

2Cases cited4 opinions

  1. Winter v. Muscogee RailroadSupreme Court of Georgia · 1852
  2. Mayor of Columbus v. GoetchiusSupreme Court of Georgia · 1849
  3. Johnson v. Mayor of AmericusSupreme Court of Georgia · 1872
  4. James v. SmithSupreme Court of Georgia · 1879

3Cited by16 opinions

  1. Tumey v. OhioSupreme Court of the United States · 1927
  2. City of Dallas v. PeacockTexas Supreme Court · 1895
  3. Walker Electrical Co. v. WaltonSupreme Court of Georgia · 1948
  4. Bagley v. Columbus Southern Rwy. Co.Supreme Court of Georgia · 1896
  5. Goldstein v. Ipswich Hosiery Co.Court of Appeals of Georgia · 1961

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