Lorentz v. Alexander

• Decision Date: 08 July 1891
• Citation: 13 S.E. 632,87 Ga. 444
• Parties: Lorentz et al. v. Alexander.
• Court: Georgia Supreme Court

13 S.E. 632

87 Ga. 444

Lorentz et al.

v.Alexander.

Supreme Court of Georgia.

July 8, 1891.

Constitutional Law—Special Acts—Establishment op County Court.

1. In so far as the act of 1879 is a law for the establishment of county courts, it is not a general law, inasmuch as it excepts by name the county of Walton, and also excepts all counties having a city court, and all county courts then existing.

2. There being no general law, having operation throughout the state, providing for the establishment of county courts, the local law of 1887, touching the establishment of a county court for Early county, is not unconstitutional.

3. The act of 1879 (Code, 279 et seq.) establishes uniformity as to jurisdiction, powers, proceedings, and practice of all county courts, and, in so far as any local or special law on the subject conflicts with the same, such local or special law is unconstitutional; but this does not vitiate any such act in so far as it establishes a county court, and ordains jurisdiction, powers, proceedings, and practice in conformity to the general law.

(Syllabus by the Court.)

Error from superior court, Early county; J. H. Guerry, Judge.

H. C. Sheffield and J. H. Lumpkin, for plaintiffs in error.

R. H. Powell, for defendant in error.

Simmons, J. Loreutz & Rittler brought suit against Alexander in the county court of Early county, and obtained a judgment. Alexander appealed to the superior court. The case coming onto be tried there, Alexander moved to dismiss it on the ground that the law organizing the county court was unconstitutional. This motion was granted, and the plaintiff excepted. The county court of Early county was organized under a special act passed by the legislature in 1887. It was contended here by counsel for the defendant in error that the legislature had no authority under the constitution to pass a special act establishing a county court, inasmuch as by the act of 1872, amended by the act of 187!), a general law was already upon the statute-book, providing for the establishment of county courts. The constitutional provision relied on is as follows: "Laws of a general nature shall have uniform operation throughout the state, and no special law shall bo enacted in any case for which provision has been made by an existing general law." Article 1, § 4, par. 1, (Code, § 5027.)

1. The act of 1872, which first provided for the establishment of county courts, was not a general law having uniform operation throughout the state, for the act itself excepted 40 counties from its operation. The act of 1879, which amended the prior act, was not a general law, for the same reason. It excepted Walton county by name, and all counties in which a city court had been...