Whittendale v. Dixon

• Decision Date: 17 April 1883
• Citation: 70 Ga. 721
• Court: Georgia Supreme Court
• Parties: WHITTENDALE v. DIXON & BROTHER.

70 Ga. 721

WHITTENDALE v. DIXON & BROTHER.

Supreme Court of Georgia.

April 17, 1883

February Term, 1883.

1. The act of the legislature establishing a city court in the county of Richmond is not unconstitutional because jurisdiction over the entire county of Richmond is given to it, without making its practice uniform with that of county courts. City courts are expressly excepted in the constitution; and this court is similar to the city court of Atlanta, which was in existence, and had jurisdiction over the entire county of Fulton when the constitution of 1877 was adopted. Const. 1877, par. 1, sec. 9, art. 6; Code, §5133; Acts 1876, p. 96.

2. If the act establishing the city court of Richmond county contains matter in the body thereof different from that expressed in the title, and undertakes to provide for the creation of a county commissioner and to define his duties, such matter alone will be void; while all that is in conformity with the title will be constitutional and valid. 4 Ga. 26, 38; 12 Id., 36, 41; 45 Id., 388 (6); 61 Id., 454.

Judgment affirmed.

CRAWFORD, Justice.