Graham v. Smith
Supreme Court of Georgia
Oertiorari. Before Judge Callaway. Richmond county. March 16, 1896. Smith brought hail-trover against Graham to recover the possession “of one terrier slut named Belle,” describing it, which he alleged was worth $10. Graham demurred generally; because under the laws of Georgia a dog is not property for civil purposes, is not and could not be the subject-matter of conversion, and could not he made the subject-matter of contract, having no value in law; and because plaintiff’s…
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Oertiorari. Before Judge Callaway. Richmond county. March 16, 1896. Smith brought hail-trover against Graham to recover the possession “of one terrier slut named Belle,” describing it, which he alleged was worth $10. Graham demurred generally; because under the laws of Georgia a dog is not property for civil purposes, is not and could not be the subject-matter of conversion, and could not he made the subject-matter of contract, having no value in law; and because plaintiff’s remedy, if any, is by possessory warrant. The magistrate overruled the demurrer, and this decision was sustained on…
1Opinion of the Court
Little, Justice.
It is somewhat difficult to determine the status of the dog as property in this State; it is not difficult to show that the owner has a property right in the animal, but it is difficult to define the nature and extent of it. This right seems to be better defined at common law than it is by the construction which this court has put upon our statutes. Our con.stitution, art. 7, sec. 2, par. 1, impliedly recognizes dogs as property. It provides that the General Assembly may impose a tax upon such domestic animals as from their nature . and habits are destructive of other…
2Cases cited3 opinions
- Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
- Patton v. StateSupreme Court of Georgia · 1894
- Manning v. MitchersonSupreme Court of Georgia · 1883
3Cited by16 opinions
- Columbus Railroad v. WoolfolkSupreme Court of Georgia · 1907
- Oppenheimer Industries, Inc. v. Johnson Cattle Co.Idaho Supreme Court · 1987
- Wilcox v. StateSupreme Court of Georgia · 1897
- Commonwealth v. FlynnMassachusetts Supreme Judicial Court · 1934
- Seaboard Air-Line Railway v. McDonaldCourt of Appeals of Georgia · 1917
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