Savannah morning news. [volume] (Savannah) 1868-1887, 1886-01-12
MENACrNG MAGISTRATES.
a Legal Point that May Dsthrone JUsti
ces and AnEul Their Judgments.

ces and AnEul Their Judgments,
From he ,agysta tGal Chronicle
Members OF the Augusta Bar returned
Saturday from Atlanta and quite SEN
satlOn was created among. the justices OF
the peace by the reports the lawyers
bring from the Supreme Court.
A ease was argued before the court by
Leonard Pninizy, Esq, on the one side
and Hon. John :. Davidson on the other,
which involves only 500 in amount, but
which covers the question of the iurisdic-
ton OF the magistrates not only IN Au-
gusta hut in every city in Georgia, I'M
der the constitution of 1868 magistrates
We're allowed TO fix their own terms
When the constitution OF 1877 was adopt
ed there was provision there
in that the jurisdiction, pow
ers, etc, OF all courts, except city
courts sholld he uniform, and this uni
tormity The General Assembly was re-
,ulr TO establish. A number of cases
were dec dedby he supreme Court after
the adopuao Of the Constitution of 1871,
in whoa that court held tnat magistrates
must sit in the district for which they
were elected ltWas cOnteudgd, howe1 er,
/ that this Inhibition did not apply to Wagls-
trates in cities where 10 al acts gave them
power to fix their own places of sitting.
As il was a matter OF great public
interest that iudgmen from meelstrates'
courts should be valid, as they often in
volVed large sums In tine agLre gate, il
was deemed advisable 60 test the ques-
ton, and case having presented iiselt,
Messrs. j. $. & W. I. Davidson, attorneys
for defendant in an attachment sued he
tore a. ID. FicQuet, j. p, IN which the
point was directly involved, carried the
issue to the supreme Court for review.
The case WAS heard on Friday, Mr.. Leon
ard Pbinizy appearing for the plain
TIT. The supreme Court ntimated
so strongly their opinion as TO amount
virtually to decision, that under the
constitution OF 1877, all magistrates must
SIT in the district for which they are
elected or appointed, and judgments rem
dered outside of the district are void.
Under the local act Of 1884 magistrates,
when sitting within their district, can
sue anyone within the city limits, out
their courts must be held within the dis
trict for which they were elected or ap-
pointed.
This decision affects all the cities OF
Georgia where local laws prevail, and
it was very important to have the laws
settled and fixed, because much property
and money are involved, and under the
doubt which prevailed as to the powers
and rights of the magistrates, very valu-
able interests were likely to be sacri-
feed, and the public welfare required a
definite and binding solution Of the doubt.
This decision viii have special signid-
canoe in Augusta. If pronounced In ac-
cordance with tine intlmations from the
bench, there is only one magistrate in
Augusta, judge Milo DIN, who is con-
ducting a legal court.
Judge PIcQuet publishes a card an
nOuncng that ne will close up his court
and turn over his papers TO the Clerk Of
Superior Court, and members Of the bar
and parties interested in any causes be-
fore him are requested TO call at his office
tomorrow.
The decision will create genuine SEN
sation among magistrates in all cities IN
the State.