Rodgers v. Price
Supreme Court of Georgia
'. Application -for .partition. Before Judge Eelton. Bibb superior court. April term, 1897. Price brought his petition alleging that he and I. T. Rodgers bought certain' land described, and Rodgers made a deed to an undivided half-interest in it to Brooks, as guardian for Eranlc E. Rodgers and Annette Rodgers, minors; that the land could' not be divided in a fair and equitable manner by metes and bounds, because of the boundaries, situation, size, and location of the lot,…
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'. Application -for .partition. Before Judge Eelton. Bibb superior court. April term, 1897. Price brought his petition alleging that he and I. T. Rodgers bought certain' land described, and Rodgers made a deed to an undivided half-interest in it to Brooks, as guardian for Eranlc E. Rodgers and Annette Rodgers, minors; that the land could' not be divided in a fair and equitable manner by metes and bounds, because of the boundaries, situation, size, and location of the lot, and because of the size of the respective interests of the tenants in common therein, and that by reason of its size and…
1Opinion of the CourtLewis, J.
The solution of the question raised by the assignment of error in this record depends upon what construction. should bé.given the word “ court ” as used in section 4793 of the Civil Code. ' Sometimes this word, as applied to a particular branch of the judiciary, is used in its comprehensive sense, and embraces all the official machinery of a particular court, including judge and jury, if a jury should be one of its tribunals in .determining issues; But we have never known the word applied so as to designate’ a jury alone. Where the term is used in the statute that is intended to designate…
2Cases cited5 opinions
- Pillow v. Southwest Virginia Improvement Co.Supreme Court of Virginia · 1895
- Flaherty v. McCormickIllinois Supreme Court · 1885
- Griffin v. GriffinSupreme Court of Georgia · 1861
- Hamby Mountain Gold Mines, Ltd. v. Calhoun Land & Mining Co.Supreme Court of Georgia · 1889
- Stewart, Dunholter & Co. v. ShollSupreme Court of Georgia · 1896
3Cited by11 opinions
- Metropolitan Casualty Insurance Co. of New York v. HuhnSupreme Court of Georgia · 1928
- Beasley v. BurtSupreme Court of Georgia · 1946
- Strange v. StrangeSupreme Court of Georgia · 1966
- Crowell v. AkinSupreme Court of Georgia · 1921
- Baxter & Co. v. CampSupreme Court of Georgia · 1907
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