Legal Opinion

Justices of the Inferior Court v. Griffin & West Point Plank Road Co.

Supreme Court of Georgia

Decided February 15, 1854No. 3PublishedCited by 27 opinions

In Equity, in Pike 'Superior Court. Tried before Judge: Stark, April Term, 1853. This bill was filed by tbe Justices of tbe Inferior Court of' Pike county, for tbe use of tbe people thereof, against the-Griffin & West Point Plank Road Company.

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In Equity, in Pike 'Superior Court. Tried before Judge: Stark, April Term, 1853. This bill was filed by tbe Justices of tbe Inferior Court of' Pike county, for tbe use of tbe people thereof, against the-Griffin & West Point Plank Road Company. Tbe bill alleges, that the Company bad seized and appropriated to their use, tbe public high-way, leading from tbe City of Griffin to the Flat Shoals, on Flint River, passing through three Militia Districts in the said county of Pike, and known as the Flat Shoals Road; that by fraud, and combination with the Commissioners of Roads in said districts, the…

1Opinion of the Court

By the Count.

Penning, J.

delivering the opinion.

Are the questions put 'to the Grand Jurors legal ?

In the formation of a Special Jury, by the Judiciary Act of 1799, there may be challenges for cause, as well as challenges without cause. (Cobb’s Digest, 548.) The right of challenge for cause, given by this Act, was not taken away by the Act of 1810, “to amend the several Judiciary Acts” then in force in the State. This Act of 1810 requires that the Special Jury -shall be formed in the following manner: The Clerk shall produce a list of the Grand Jurors present and empannelled, from which the…

2Cases cited1 opinion

  1. M'Mahan v. KimballIndiana Supreme Court · 1832

3Cited by27 opinions

  1. Atlanta Coach Co. v. CobbSupreme Court of Georgia · 1934
  2. Melson v. DicksonSupreme Court of Georgia · 1879
  3. Hall v. StateCourt of Appeals of Georgia · 1909
  4. Jones v. CloudCourt of Appeals of Georgia · 1969
  5. Bitting v. StateSupreme Court of Georgia · 1927

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