Clay v. Houk

Supreme Court of Georgia

Clay v. Houk

26 S.E. 769, 102 Ga. 549, 1897 Ga. LEXIS 544

Supreme Court of Georgia·Decided March 5, 1897·Published

Opinion

Simmons, C. J.

Inasmuch as under the act of the General Assembly approved

December 13, 1893, establishing a “city court” for the county of DeKalb (Acts 1893, p. 373), there is no provision locating the court within the limits of an incorporated city, such court is not a “city court” within the meaning of that term as employed in article 6, section 2, paragraph 5, of the constitution (Code, 15133); and therefore a writ of error does not lie from the judgment of that court. See Western Union Telegraph Co. v. Jackson, 98 Ga. 207. Writ of error dismissed.

All the Justices concurring.

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Simmons, C. J.

Inasmuch as under the act of the General Assembly approved

December 13, 1893, establishing a “city court” for the county of DeKalb (Acts 1893, p. 373), there is no provision locating the court within the limits of an incorporated city, such court is not a “city court” within the meaning of that term as employed in article 6, section 2, paragraph 5, of the constitution (Code, 15133); and therefore a writ of error does not lie from the judgment of that court. See Western Union Telegraph Co. v. Jackson, 98 Ga. 207. Writ of error dismissed.

All the Justices concurring.

Clay v. Houk, 26 S.E. 769, 102 Ga. 549, 1897 Ga. LEXIS 544 (Ga. 1897).

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