Ex Parte Granville C. Conner, Plaintiff In Error.

• Decision Date: 31 January 1874
• Citation: 51 Ga. 571
• Parties: Ex parte Granville C. Conner, plaintiff in error.
• Court: Georgia Supreme Court

51 Ga. 571

Ex parte Granville C. Conner, plaintiff in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1874.)

Constitutional law. Laws. Corporations. Bill of exceptions. Practice in the Supreme Court. Before Judge Hill. Bibb Superior Court. October Term, 1873.

The plaintiff in error having been drawn and summoned to serve upon the traverse jury in Bibb superior court, at April term, 1873, made application to be discharged, upon the ground that he was a member of the Macon Volunteers, a military company, the members of which were exempt from *such service, and which had filed in the office of the clerk of the superior court of said county, a certificate specifying the names of the members, as provided by law, the name of the movant appearing thereon as first sergeant of said company.

It appeared that by the original charter of the Macon Volunteers, approved December 7th, 1841, the members of said company were exempted from jury duty. That said act was re-enacted on February 20th, 1873, as follows:

"An Act to re-enact and declare of full force an act entitled 'An act to incorporate the volunteer corps of infantry in the city of Macon, and to grant certain privileges to the same, " approved December 7th, 1841; and to extend the provisions of said act to the Floyd Rifles, of the city of Macon, and the Clinch Rifles and Irish Volunteers, of the city of Augusta.' "Section I. The General Assembly of the State of Georgia do enact, That the above recited act is hereby re-enacted and declared to be of full force and validity, and that all the powers, privileges, franchises and immunities therein granted to the Macon Volunteers be, and they are hereby renewed and confirmed unto the said Macon Volunteers and Floyd Rifles, of the city of Macon, and the Clinch Rifles and Irish Volunteers, of the city of Augusta.'

"Section II. repeals conflicting laws."

The application was refused and Conner excepted.

When this case was called, a motion was made by counsel for the State of Georgia to dismiss the writ of error upon the ground that a reversal would not benefit the plaintiff in error, as he had already served his time as a juror. The motion was overruled, the court enunciating the principle embraced in the second head-note.

W. Gustin, for plaintiff in error.

N. J. Hammond, attorney general; R. W. Jemison, solicitor general pro tem,, by John Rutherford, for the state.

*McCay, Judge.

1. The privilege claimed by Mr. Conner is dependent on a special grant, an exemption from a public duty cast by law on citizens in general of his class, and his right to the exemption should be clearly made out, under strict rules of construction. Much might be said under such a rule against his right, even assuming the validity of the law under which he claims. At best the exemption only arises by inference...