Legal Opinion

Ex parte Conner

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 11 opinions

Constitutional law. Laws. Corporations. Bill of exceptions. Practice in the Supreme Court. Before Judge Hill. Bibb Superior Court.

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Constitutional law. Laws. Corporations. Bill of exceptions. Practice in the Supreme Court. Before Judge Hill. Bibb Superior Court. October Term, 1873. The plaintiff in error having been drawn and summoned to serve upon the traverse jury in Bibb superior court, at April term, 1873, made application to be discharged, upon the ground that he was. a member of the Macon Volunteers, a military company, the members of which were exempt from such service, and which had filed in the office of the clerk of the superior court of said county, a certificate specifying the names of, the members, as…

1Opinion of the Court

McCay, Judge.

1. The privilege claimed by Mr. Conner is dependent on a special grant, an exemption from a public duty cast by law on citizens in general of his class, and his right to the exemption should be clearly made out, under strict rules of construction. Much might be said under such a rule against his right, even assuming the validity of the law under which he claims. At best the exemption only arises by inference and implication and not by direct grant, and under the rules for construing special laws granting special exemptions, it might well be denied. Again, the ordinary, and not…

2Cited by11 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Churchill v. WalkerSupreme Court of Georgia · 1882
  3. Howell v. StateSupreme Court of Georgia · 1883
  4. Council v. BrownSupreme Court of Georgia · 1921
  5. State v. WrightOregon Supreme Court · 1887

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