Wight & Weslosky Co. v. Wolff

37 S.E. 395, 112 Ga. 169, 1900 Ga. LEXIS 87
CourtSupreme Court of Georgia
DecidedNovember 28, 1900
StatusPublished
Cited by14 cases

This text of 37 S.E. 395 (Wight & Weslosky Co. v. Wolff) 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
Wight & Weslosky Co. v. Wolff, 37 S.E. 395, 112 Ga. 169, 1900 Ga. LEXIS 87 (Ga. 1900).

Opinions

Little, J.

The case now under consideration was brought to this court on a writ of error sued out from the city court of Camilla. On the call of the case a motion was presented by the defendant in error to dismiss the bill of exceptions, on the ground that a writ of error does not lie from the city court of Camilla to this court.

By the terms of par. 1 of sec. 1 of art. 6 of the constitution the judicial powers of this State are vested in a Supreme Court, superior courts, courts of ordinary, justices of the peace, commissioned notaries public, and such other courts as have been or may be established by law; and by paragraph 5 of the same section and article it is declared that the Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors from the superior courts and from the city courts of Atlanta ancl Savannah and such other like courts as may be hereafter established in other cities. The jurisdiction of this court to entertain a bill of exceptions from the city court of Camilla depends upon the determination of the question as to whether that court is a like court to the city courts of Atlanta and Savannah, and is established in one of the cities of this State; for it will be noted that, in order to give this court jurisdiction by a bill of exceptions sued out from a city court other than those of Atlanta and Savannah, it must be established in a city of this State, and be a like court with that established in each of the two cities named. By reference to an act 'approved Oct. 24, 1887 (Acts 1887, p. 634), it will be observed that Camilla is chartered as one of the towns of this State. The act declares that from and after its passage the municipal govern[170]*170ment of the town of Camilla shall be vested in a mayor and six councilmen, who are constituted a body politic and.corporate under the name and style of the Mayor and Council of the Town of Camilla, etc. So that, if it be determined under the provisions of the constitution that this court has-jurisdiction to entertain a writ of error from the city court of Camilla, it must be judicially determined that the words “ town ” and “ city ” are as a matter of law synonymous. One of the definitions given of the 'word “ city ” by Mr. Anderson in his Law Dictionary is, “a municipal corporation of the larger class, with powers of government confided in officers who are usually elected by a popular vote.” By Mr. Black: The term ' is used in America to denote a municipal corporation of a larger class, the distinctive feature of whose organization is its government by a chief executive and a legislative body.” In the Standard Dictionary of the English Language a city is defined to be “a place inhabited by a permanent, organized community; more important than a town,” while a town is defined to be “ any considerable collection of dwelling-houses, especially as distinguished from the adjacent country.” So that, by the lexicographers, an essential difference exists between a city and a town. This difference consists in size and population, and it can be readily perceived that such difference may demand for one a code of laws and municipal regulations not required by the other.

To support the legality of the writ of error in this case, reliance is placed on the terms of the act which established the city court of Camilla (Acts 1897, p. 430), to which we have before referred and which we will now further examine. The caption declares it to be an act to establish the city court of Camilla, in and for the county of Mitchell. The first section declares that The city court of Camilla . is created and established in the town of Camilla in the county of Mitchell, which town is hereby recognized and declared to be a city within the meaning of those sections of the constitution which relate to city courts.” We have, by this part of the enactment, two legislative declarations of equal importance: first, that the court is established in the town of Camilla; second, that the town of Camilla is a city within the meaning of the provision of our constitution which relates to city courts. Construing the two ácts together, it is manifest that it was not the purpose of the General Assembly to. change the legal, status of [171]*171Camilla as a town nor to classify it as a city, because not only the act of incorporation designates it as a town, but the act which creates the court recognizes it as a town, and the legislative declaration is that it shall only be a city for the purpose of bringing it within the terms of the constitution giving certain privileges to courts established in the cities of this State, not extended to courts, other than superior courts, which are or may be established elsewhere. Further analysing, these two acts mean that the town of Camilla, in which a city court has been established, shall have the benefit, so far as relates to that court, of these privileges which the constitution declares shall be confined to city courts established in the cities. As. a matter of law, the legislature may classify the municipal corporations of this State, and the legislative declaration that a particular town, or towns, shall be classed as a city, or cities, would have force and effect; but when an act declares that a town shall be a city within the meaning of a given provision of the constitution, another and an entirely different question is raised. It becomes material, then, to ascertain in what sense the constitution uses the word “city” in this connection. If used in a particular sense, then a legislative declaration which would bring about a different application of the term would have no force. The provision of the constitution, as we have seen, is that the Supreme Court shall have no original jurisdiction, but shall he a court alone for the trial and correction of errors from the superior courts and from the city courts of Atlanta and Savannah, and such other like courts as may be hereafter established in other cities. Here the word “other” is a correlative adjective, and the cities referred to as other cities are placed in contrast with the cities of Savannah and Atlanta; and it could not have been the intention of the framers of the constitution, by the words used in this paragraph, to authorize the General Assembly by classification to extend to a small community the privileges which that instrument confines to a court established in a city of this State, because there is an absence of that reciprocal relation between the two which the constitution, by the use of the words “other cities,” intended should exist. As a matter of judicial knowledge, the two cities named in the constitution have a large and increasing population, and a great volume of business resulting from mercantile, manufacturing, and other interests. In such a community not only is there need for the es[172]*172tablishment of a city court, 'but, on account of the great and numerous interests which exist, there is also need of an early final determination of litigation. The records of this court show that the business of the city courts of Atlanta and Savannah is large and important, and the number of cases pending on the' dockets of this court from those city courts is quite large.

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Bluebook (online)
37 S.E. 395, 112 Ga. 169, 1900 Ga. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wight-weslosky-co-v-wolff-ga-1900.