Cochran v. Jackson

Supreme Court of Georgia

Cochran v. Jackson

69 S.E. 539, 135 Ga. 375, 1910 Ga. LEXIS 540

CourtSupreme Court of Georgia

DecidedNovember 18, 1910

StatusPublished

Cited by2 cases

This text of 69 S.E. 539 (Cochran v. Jackson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cochran v. Jackson, 69 S.E. 539, 135 Ga. 375, 1910 Ga. LEXIS 540 (Ga. 1910).

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Opinion

Fish, C. J.

In an action for damages brought by Cochran against Jackson, the substance of the petition was as follows: The plaintiff and one Maulding were duly elected constables, and the defendant justice of the peace, for the 1422 district G. M., Fulton county. All of them duly • qualified, received their commissions, and together entered upon the discharge of the duties of their respective offices. The plaintiff and Maulding held themselves ready at all times to serve summonses, levy executions, and perform all other service and duties required of them as constables under the law, and they alone had the legal right to serve as constables for said district, and were alone entitled to the fees of such office. Notwithstanding this, the defendant soon disregarded the [376]*376rights of the plaintiff and Maulding, as well as the law, and without necessity appointed other persons to act as constables in said district, to the number of twelve or more,.since the plaintiff’s election, and has turned over to them practically the entire business in his court, refusing -to place it in the hands of the plaintiff and Maulding as it was his legal duty to do. The number of eases, civil and criminal, originating in the court wherein the defendant presided, since the plaintiff’s election as constable, was alleged, and the plaintiff’s damage’s were laid in a given sum. Held, that the petition was properly dismissed on demurrer, as it did not appear therefrom that there had been any compliance with' Civil Code, § 4055, providing that “No suit shall be brought against any justice for anything done by him in the execution of his office, until notice in writing shall have been given to him, or left at his usual place of abode, one calendar month.” Collins v. Granniss, 67 Ga. 710

November 18, 1910.

Damages. Before Judge Pendleton. Fulton superior court. November 2,9, 1909.

J. S. James, for plaintiff. Moore & Branch, for defendant.

Judgment affirmed.

All the Justices concur.

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Fish, C. J.

In an action for damages brought by Cochran against Jackson, the substance of the petition was as follows: The plaintiff and one Maulding were duly elected constables, and the defendant justice of the peace, for the 1422 district G. M., Fulton county. All of them duly • qualified, received their commissions, and together entered upon the discharge of the duties of their respective offices. The plaintiff and Maulding held themselves ready at all times to serve summonses, levy executions, and perform all other service and duties required of them as constables under the law, and they alone had the legal right to serve as constables for said district, and were alone entitled to the fees of such office. Notwithstanding this, the defendant soon disregarded the [376]*376rights of the plaintiff and Maulding, as well as the law, and without necessity appointed other persons to act as constables in said district, to the number of twelve or more,.since the plaintiff’s election, and has turned over to them practically the entire business in his court, refusing -to place it in the hands of the plaintiff and Maulding as it was his legal duty to do. The number of eases, civil and criminal, originating in the court wherein the defendant presided, since the plaintiff’s election as constable, was alleged, and the plaintiff’s damage’s were laid in a given sum. Held, that the petition was properly dismissed on demurrer, as it did not appear therefrom that there had been any compliance with' Civil Code, § 4055, providing that “No suit shall be brought against any justice for anything done by him in the execution of his office, until notice in writing shall have been given to him, or left at his usual place of abode, one calendar month.” Collins v. Granniss, 67 Ga. 710

November 18, 1910.

Damages. Before Judge Pendleton. Fulton superior court. November 2,9, 1909.

J. S. James, for plaintiff. Moore & Branch, for defendant.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

69 S.E. 539, 135 Ga. 375, 1910 Ga. LEXIS 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cochran-v-jackson-ga-1910.

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