Legal Opinion

McDonald v. Cousins

Supreme Court of Georgia

Decided June 15, 1857PublishedCited by 4 opinions

Certiorari, in Houston. Heard and decided by Judge Powers, April Term, 1857. Lydia Cousins instituted proceedings before Richard E. Story and Meredith McCoy, Justices of the Peace, against Middleton McDonald and Hilliard J. Clarke, for forcible entry and detainer, as provided by the 15th section, 9th division of the Penal Code, Acts of 1833. The case coming on for trial, before the Justices, and a jury drawn and empaneled as directed by said statute, the parties submitted…

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Certiorari, in Houston. Heard and decided by Judge Powers, April Term, 1857. Lydia Cousins instituted proceedings before Richard E. Story and Meredith McCoy, Justices of the Peace, against Middleton McDonald and Hilliard J. Clarke, for forcible entry and detainer, as provided by the 15th section, 9th division of the Penal Code, Acts of 1833. The case coming on for trial, before the Justices, and a jury drawn and empaneled as directed by said statute, the parties submitted their proofs, and the jury, under the charge of the Justices, returned a verdict for plaintiff; whereupon the defendants…

1Opinion of the Court

By the Court. —

Lumpkin, J.

delivering the opinion.

In Taylor and Gay, (20 Ga. Rep. 77) this Court held that a certiorari would lie from the decision of the Justices, in a forcible entry and detainer proceeding. We then thought however, that a Court of Justices, extemporized to try such cases, was not a Justices Court proper, but, in the language of the Constitution, an Inferior Judicatory. And that, consequently, the certiorari should not be brought under the act of 1850.

In the case before us, every thing ivas done, except obtaining the previous mandate of the Court, for the writ of certiorari…

2Cases cited1 opinion

  1. Taylor v. GaySupreme Court of Georgia · 1856

3Cited by4 opinions

  1. Bellew v. State Highway DepartmentCourt of Appeals of Georgia · 1972
  2. Cobb County v. HerrenCourt of Appeals of Georgia · 1998
  3. Kirkland v. LukeCourt of Appeals of Georgia · 1923
  4. Cobb County v. HerrenCourt of Appeals of Georgia · 1998

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