Gilmer v. Gilmer
Supreme Court of Georgia
Bills in equity, and libel for divorce, in Sumter Superior Court, and pleas to the jurisdiction. Decided by Judge Alexandeb A. Allen, at the April Term, 1861. On the 28th of December, 1860, Rosannah Gilmer instituted a libel for divorce, in Sumter Superior Court, against her husband, John G. Gilmer. On the 3d of January, 1861, she also filed against him, in the same Court, a bill for discovery ne exeat, etc.
Read the full summary
Bills in equity, and libel for divorce, in Sumter Superior Court, and pleas to the jurisdiction. Decided by Judge Alexandeb A. Allen, at the April Term, 1861. On the 28th of December, 1860, Rosannah Gilmer instituted a libel for divorce, in Sumter Superior Court, against her husband, John G. Gilmer. On the 3d of January, 1861, she also filed against him, in the same Court, a bill for discovery ne exeat, etc. On the 8th of March, 1861, Allen S. Cutts filed, in the same Court, against the said John G. Gilmer, a bill for account, ne exeat, and the appointment of a Receiver, etc. To each of these…
1Opinion of the Court
By the Court.
Jenkins, J.,
delivering the opinion.
The question presented for our consideration by this record is one of jurisdiction.
The Constitution provides that civil cases “ shall be tried in the county in which the defendant resides.” This is the general rule, to which the Constitution makes exceptions not affecting this case, consequently in civil cases, not falling within any of the exceptions, no Court of any county other than that of the defendant’s residence has jurisdiction over him. The real question for our determination is, in what county does the plaintiff in error reside ? It is…
2Cited by4 opinions
- Patterson v. PattersonSupreme Court of Georgia · 1951
- Smith v. SmithSupreme Court of Georgia · 1911
- Adams v. AdamsSupreme Court of Georgia · 1941
- Wyrick v. WyrickMissouri Court of Appeals · 1912