Legal Opinion

Hamrick v. Darnell

Supreme Court of Georgia

Decided July 15, 1871PublishedCited by 1 opinion

Certiorari. Forcible entry and Detainer. Jury, etc. Before A. W. Hammond, Judge pro hoc vice. Campbell Superior Court. April Term, 1871. Hamrick charged Darnell with entering upon and detaining certain of Hamrick’s land “violently, with menaces, force and arms, and without authority of law,” and obtained a warrant from a Notary Public, ex officio a Justice of the Peace.

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Certiorari. Forcible entry and Detainer. Jury, etc. Before A. W. Hammond, Judge pro hoc vice. Campbell Superior Court. April Term, 1871. Hamrick charged Darnell with entering upon and detaining certain of Hamrick’s land “violently, with menaces, force and arms, and without authority of law,” and obtained a warrant from a Notary Public, ex officio a Justice of the Peace. The Notary had twelve men summoned as a jury, and called in the Justice of the Peace of the district, and was ready to try the cause on the day appointed for the trial. Before the jury was empanelled, Darnell’s counsel moved…

1Opinion of the Court

Warner, Judge.

This ease came before the Court below on a certiorari from a Justice’s Court, alleging certain errors to have been committed on the trial of a case of “forcible entry and detainer,” under the provisions of the Code. On the hearing of the certiorari both parties excepted to the rulings of the Court. The Court below decided that the Constitution of 1868, having recognized and adopted the Code called Irwin’s Code, did not desti'oy or abolish the right to sue out and try cases of forcible entry and detainer, as heretofore practiced in this State. Upon this point in the case we…

2Cited by1 opinion

  1. Cate v. KnightCourt of Appeals of Georgia · 1912

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