Page images
[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

N E W - Y O R K :

No. 1 14 Nassau Street.

Entered according to the Act of Congress, in the year 1846, by JAMES M. KELLY, in the Clerk's Office of the District Court for the District of Georgia.

[ocr errors]
[ocr errors][ocr errors][merged small]

* The Reports of the Supreme Court of Georgia, containing all the decisions of that Court, made during the year 1846, are now presented to the public in one volume. * The Reporter is apprehensive that he has been unable, notwithstanding the care that has been taken, and the labor and pains bestowed by him,

wholly to avoid errors in its execution. But he is flattered by the hope

and belief, that no mistakes or omissions, materially varying the sense, have escaped his scrutiny and correction. To his own exertions, in this particular, has been added the assistance of the publisher, and his proof readers, than whom few, if any, could be found, who understand their duties better, or discharge them with more fidelity. The greatest fears entertained are, as to the references. It would be a matter very deeply regretted by the Reporter, to find cases referred to by the Court in its decisions, or by counsel in their arguments, incorrectly copied, and remaining still unnoted. To avoid this, a very competent gentleman has been employed to compare the cases cited with the reports from which they are taken, and to furnish a list with the proper corrections, of such as have not been truly set forth; and . it is believed that all material errors of this sort have been detected. These corrections will be found in the proper place. It has been found somewhat difficult to condense the statements of facts in the cases, as much as was desirable; and, in this particular, it is opprehended they may appear too prolix. But, as every principle of law, decided by the court, arose upon the facts sent up, the Reporter has felt it to be imperatively his duty, even at the expense of prolixity, to set forth a faithful narration, so as to present all the material facts in their proper connection. He has embodied the arguments of counsel. In this he is aware

that many valued friends, for whose judgments and opinions he enter

tains the highest regard, will disagree with him, looking upon it as a useless expense, and as an act of supererogation on his part. To them he would most respectfully submit that, although the arguo"

counsel are not to be viewed as the law of the case, yet they are valu-
able to the profession, and the courts, in the aid they give in the in-,
vestigation of those legal subjects to which they apply. Whilst, there-
fore, they may assist many, they can be prejudicial to no one. Most
of those arguments, too, will be found to be highly interesting and in-
structive. -
It will be perceived that the present volume is very heavily paged.
Indeed, there are but few books of reports extant which contain as
much matter to the page as this. The matter embodied was quite
sufficient for two volumes, of respectable size, if the more modern style
of publishing reports had been adopted. But the public seemed to ex-
pect but one volume, and, impressed with the belief that it would be
more acceptable in the present form, he unhesitatingly adopted it.
In place of the usual heading at the commencement of each term, a
summary has been substituted, setting forth the Terms of the Court
held—noting the presence of the Judges, and exhibiting the names of
Attorneys admitted at each Term, and their residences, as far as known
to the Reporter.
The clause of the Constitution creating the Court—the Act of the
General Assembly organizing it, and the Rules of the Court, are em-
bodied. With regard to the Rules of the Court, they are embodied
entire, without reference to the terms at which they were respectively
adopted. The convenience of a ready reference suggested this course.
In conclusion, the Reporter would add that, although there are doubt-
less many imperfections in the execution of this work, yet he is consoled by
the consciousness of having done his utmost to avoid them, and of having
spared neither pains nor expense in order to accomplish a proper dis-
charge of the official duties imposed on him by the law. And, should
his efforts in this instance be acceptable to the Bench and the Bar of
Georgia, he will esteem it his greatest reward. -

JANUARy, 1847.

[ocr errors][graphic]


Article III.-Section I.

“The Supreme Court shall consist of three judges, who shall be elected by the legislature for such term of years as shall be prescribed by law, and shall continue in office until their successors shall be elected and qualified, removable by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose, or by impeachment and conviction thereon. The said court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors in law and equity from the superior courts of the several circuits, and shall sit at least once a year, at a time to be prescribed by law, in each of five judicial districts to be hereafter laid off and designated by the legislature for that purpose, at the most central point in such judicial district, or at such other point in each district as shall by the General Assembly be ordained, for the trial and determination of writs of error from the several superior courts included in such judicial districts. And the said court shall at each session in each district dispose of and finally determine each and every case on the docket of such court, at the first term after such writ of error brought; and in case the plaintiff in error in any such case shall not be prepared, at such first term of such court, after error brought, to prosecute the same, unless precluded by some Providential cause from such prosecution, it shall be stricken from the docket, and the judgment below shall stand affirmed.”

AN ACT to carry into effect that part of the first section of the third article of the Constitution, which requires the establishment of a Supreme Court for the Correction of Errors, and to organize the same, and to regulate the proceedings thereof.

Section FIRst. Be it enacted by the Senate and House of Representatires of the State of Georgia, in §. Assembly met, and it is hereby enacted by the authority of the same, That in pursuance of the first section of the third article of the Constitution, there shall be, and it is hereby established, a Court for the Correction of Errors, to be called the Supreme Court of the State of Georgia. The said court shall consist of W. judges, who shall be elected at the present session of the General

ssembly—one for the term of six years, one for the term of four years, and one for the term of two years, during which terms they shall respectively hold their offices, unless sooner removed in the manner pointed out by the Constitution. No person shall be eligible to the office of judge, unless he shall have been duly admitted and licensed to plead and practice in the courts of law and equity in this State ten years at

« PreviousContinue »