Johnson v. Nelms
Supreme Court of Georgia
Certiorari, from Dougherty Superior Court. Decision by Judge Allen, June Term, 1856. Benjamin Johnson sued defendant Nelmes in a Justices’ Court for the hire of a negro from 1st of January to 15th of March, 1855, at the rate of ten dollars per month. He had hired the negro to Nelms the year before, and he had not returned her, but retained and kept possession of her for two months and a half after the term of hire expired.
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Certiorari, from Dougherty Superior Court. Decision by Judge Allen, June Term, 1856. Benjamin Johnson sued defendant Nelmes in a Justices’ Court for the hire of a negro from 1st of January to 15th of March, 1855, at the rate of ten dollars per month. He had hired the negro to Nelms the year before, and he had not returned her, but retained and kept possession of her for two months and a half after the term of hire expired. His excuse for this detention was that Johnson, her master, lived out of the county, and had not demanded her at the end of the year, and he did not know where or to whom…
1Opinion of the Court
By the Court.
McDonald, J.,
delivering the opinion.
[1.] Our Justices’ Courts take the place of what were known before the revolution and sometime afterwards, as Courts of Conscience. They were Courts for the recovery of small debts, and examined and determined the cases by the oath of the parties or other witnesses, and decided them according to equity and good conscience; 3. Bl. Con. 82. The Constitution of 1777, declared that the Court of Conscience should be continued as heretofore practiced. An act was passed in 1760, for the more easy and speedy recovery of small debts and damages. In…
2Cited by3 opinions
- Freeman v. Exchange BankSupreme Court of Georgia · 1891
- Favors v. JohnsonSupreme Court of Georgia · 1887
- Adams v. ClarkSupreme Court of Georgia · 1880