Heath v. Bellamy
Court of Appeals of Georgia
Certiorari; from Wilcox superior court—Judge George. March 26, 1914. In February, 1914, cows belonging to Heath and kept on his premises in Wilcox county were found in an uninclosed field of Bellamy in the same county, and were impounded and held in the possession of Bellamy, who claimed the right to impound them under the provisions of the stock law (Civil Code, § 2036), proclaimed to be of force in the county by virtue of an election held in July, 1913. Bellamy notified…
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Certiorari; from Wilcox superior court—Judge George. March 26, 1914. In February, 1914, cows belonging to Heath and kept on his premises in Wilcox county were found in an uninclosed field of Bellamy in the same county, and were impounded and held in the possession of Bellamy, who claimed the right to impound them under the provisions of the stock law (Civil Code, § 2036), proclaimed to be of force in the county by virtue of an election held in July, 1913. Bellamy notified Heath that the cows would be turned over to him on payment of $3 in settlement of the damage caused by them. Heath refused…
1Opinion of the CourtRussell, C. J.
1. An election upon the stock law, and the supervision thereof by the ordinary, “being the exercise of political and police powers incident to legislative and executive government, and not, in their general political and police effect, at all judicial, the courts have no jurisdiction to interfere except as conferred by the act itself.” Scoville v. Calhoun, 76 Ga. 263; Ogburn v. Elmore, 121 Ga. 74 (48 S. E. 702).
2. Questions relating to examining and counting the returns in an election to settle the question of “fence or no fence” must be made before the ordinary proclaims the result. Dyson v.…
2Cases cited8 opinions
- Irvin v. GregorySupreme Court of Georgia · 1891
- Woodard v. StateSupreme Court of Georgia · 1898
- Scoville v. CalhounSupreme Court of Georgia · 1886
- Ogburn v. ElmoreSupreme Court of Georgia · 1904
- Drake v. DrewrySupreme Court of Georgia · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Board of Education v. HudsonSupreme Court of Georgia · 1927
- Clark v. Board of EducationSupreme Court of Georgia · 1926
- Holtzendorf v. Glynn CountyCourt of Appeals of Georgia · 1949