The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-04-18
JUSTICES POWER LIMITED.
They Must Stop Trying Actions of
Bail in TrOVer.

They Must Stop Trying Actions of
Bail in TrOver.
A decision of the Supreme Court of
Georgia that has never been published In
the Official reports of the court has just
appeared in the current volume of the
Southeastern Reporter The decision is
that in the case of Dorsey against Miller
and was rendered in July, the opinion Of
the court being delivered by Justice Little.
It.has reference to the methods allowed by
law for the recovery of personal property
and will serve materially to decrease the
civil jurisdiction of the justices of the
peace.
The action of bail in trover is a statu-
tory remedy for the recovery of personal
property, that has been illegally detained
by another that has been for years in
general use in the state and is very COM
monty resorted to when the value of the
property in controversy does not exceed
$780, in which case the code provides that
it may be brought and maintained in the
court of justice of the peace. Under the
decision in the case above mentioned this
procedure is declared to be in violation
of the provisions of the constitution, and
hence void and of no effect.
The court. in the headnote to the opin-
ion, says: IA Justices court has no juris-
diction of an action of tort, unless the
alleged wrong consisted of injuring or
damaging personal property belonging to
the plaintiff Such court, therefore, can
not lawfully entertain or try suit
against a defendant for fraudulentiy re-
the plaintiff or for conspiring with an
other 90 do So"
The decision is based on the constitu-
tional provision quoted substantially in the
headnote, that fixes the civil jurisdiction
OF justices of the peace, in cases not aris-
ing in contract, to suits for .damapes to
personal property for less than 500. II
had been currently assumed by the bar
generally that this provision also applied
TO suits for the recovery of the actual
personal property itself and the action of
bail in trover. which is for this ptIrpose
was brought before the magistrates Of the
larger cities almost every day. With the
possessory warrant il formed the legal
arsenal of the sellers OF furniture on the
installment plan and with these two vean-
ons OF the law they were accustomed 20
recover from delinquent debtors the arti-
ces of household use and adorument 1pon
A4t ofiAN VI NlA4Nn tue pay AutulS OF DUR
chase money had lapsed. Other business
men found the action of bail in trover use
full, as under its provisions the defendant
had either TO surrender the property. give
bond and security Tor its forthcoming or
go to jail. It's provisions had a wide
spreading efficiency in the matter Of fore
! ing recalcitrant debtors to terms. being
double or triple barnelled in It's opera lion
and like the old gentiemans fish trap.
catching them going and coming"
The action may. Of course, SIN be
brought In the higher courts, but In those
tribunals Il rs neither 80 convenient
speedy or secret. Il Is so severe an ex-
pedient for the collection OF debts that
the creditor Is not always willing 60 ad-
yertisc 20 the world that he had resorted
10 II, and 90 those who are OF this mind
Che courts o. the magistrates offered "a
cilities for the Transaction Of The bust
ness with neatnesss CELEBRITY and dis
patch ana without any undue publicity.
10 these gentlemen. therefore, as wei as 10
tho justices whose jurisdiction g. thus
limited, the rendfi0n Of such an opinion
~ che supnepe Court comes az a matter
~ mqle " less pfolouDd regret