Osmond v. Flournoy
Supreme Court of Georgia
Trespass. In Wayne Superior Court. Motion to dismiss declaration. Decided by Judge Sessions. April Term, I860. This was an' action of trespass quare elausum fregit¡ brought by the defendant in error against the plaintiffs in error, in Wayne Superior Court. The trespass alleged was the entry with force and arms upon certain premises in Wayne county, treading down the grass, and felling, carrying away, and converting, pine trees and other timber of great value.
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Trespass. In Wayne Superior Court. Motion to dismiss declaration. Decided by Judge Sessions. April Term, I860. This was an' action of trespass quare elausum fregit¡ brought by the defendant in error against the plaintiffs in error, in Wayne Superior Court. The trespass alleged was the entry with force and arms upon certain premises in Wayne county, treading down the grass, and felling, carrying away, and converting, pine trees and other timber of great value. The declaration described the defendant Osmond, as of the county of Chatham in this State, and the defendant Walthour, as of the county…
1Opinion of the CourtWalker, J.
At common law, the action of trespass quare dausumfregit was local; Doulson vs. Mathews, 4 T. R. 503 ; 1 Ch. Pl. 268; 2 Saun., Pl. and Ev. 855; but under our Constitution it is different.
The Constitution provides that “ all civil cases shall be tried in the county wherein the defendant resides.” Trespass qua/re daHsum fvegit is a “ civil case,” and therefore shall be tried in the county of defendant’s residence. Mr. Archbold, 2 vol. N. P. 405, says, “the action„of trespass is the civil remedy the law gives for all injuries, with force, committed by one person against the property, real or…
2Cited by5 opinions
- Powell v. CheshireSupreme Court of Georgia · 1883
- Norton v. GrahamSupreme Court of Georgia · 1908
- Brown v. MartinSupreme Court of Georgia · 1912
- Shaw v. CrawfordSupreme Court of Georgia · 1950
- Jones v. HudginsSupreme Court of Georgia · 1962