Davis v. Henson

Supreme Court of Georgia

Davis v. Henson

29 Ga. 345

DecidedAugust 15, 1859

StatusPublished

This text of 29 Ga. 345 (Davis v. Henson) 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

Davis v. Henson, 29 Ga. 345 (Ga. 1859).

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Opinion

— Lumpkin J.

By the Court.

delivering the opinion.

The single question in this case is, whether the Homestead Exemption statute in this State, protects property from judgments founded on torts? An inspection of the several Acts, shows clearly that they do not, but that they apply expressly and exclusively to judgments founded on contracts. Cobb, 385, 389, 390.

Whether this discrimination should be made, it is for the Legislature, and not for the Courts to decide.

Judgment reversed.

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— Lumpkin J.

By the Court.

delivering the opinion.

The single question in this case is, whether the Homestead Exemption statute in this State, protects property from judgments founded on torts? An inspection of the several Acts, shows clearly that they do not, but that they apply expressly and exclusively to judgments founded on contracts. Cobb, 385, 389, 390.

Whether this discrimination should be made, it is for the Legislature, and not for the Courts to decide.

Judgment reversed.

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Bluebook (online)

29 Ga. 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-henson-ga-1859.