Legal Opinion

Pool v. Perdue

Supreme Court of Georgia

Decided July 15, 1871PublishedCited by 20 opinions

Notary Public. De fado officers. Attachments. Waiver. Interrogatories. Partnership. New Trial. Before Judge Gibson. Richmond Superior Court. June Term, 1870. On the 28th of October, 1869, Perdue made affidavit before one Reynolds, of Augusta, as a Notary Public and ex offiaio Justice of the Peace, that Pool resided out of this State, and was indebted to him, as trustee of his wife, $2,000 00, to the best of his knowledge and belief.

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Notary Public. De fado officers. Attachments. Waiver. Interrogatories. Partnership. New Trial. Before Judge Gibson. Richmond Superior Court. June Term, 1870. On the 28th of October, 1869, Perdue made affidavit before one Reynolds, of Augusta, as a Notary Public and ex offiaio Justice of the Peace, that Pool resided out of this State, and was indebted to him, as trustee of his wife, $2,000 00, to the best of his knowledge and belief. He gave the usual attachment bond with one security. Said Notary approved it, and issued an attachment against Pool. On the 1st of November, 1869, this attachment…

1Opinion of the Court

McCay, Judge.

I. As we understand the Constitution of 1868, a commissioned Notary Public is a Justice of the Peace for the district for which he is appointed, with all the powers and functions of such an officer. Provision for their appointment is made in that section of Article 5 of the Constitution which is directed to “Justices of the Peace.” And by section first of that article, they are classed among the constitutional judicial officers. It is well known as part' of the history of the times, that such was the intent of the framers of the Constitution, and that the language was designed…

2Cited by20 opinions

  1. Doyal v. RussellSupreme Court of Georgia · 1936
  2. Paulk v. CreechCourt of Appeals of Georgia · 1911
  3. Latimer v. SweatSupreme Court of Georgia · 1906
  4. McRae v. BoykinCourt of Appeals of Georgia · 1935
  5. Huger v. CunninghamSupreme Court of Georgia · 1906

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