Ellis v. Johnson, 291 Ga. 127

On June 22, 2009, Ellis filed a petition in the Dougherty County Probate Court to probate Hubert Johnson's May 28, 2009 will; she is described as the testator's friend and neighbor and is the primary beneficiary.
On July 22, 2009, Henry Johnson, the decedent's son and sole heir, filed a caveat.
On October 16, 2009, Hash moved to intervene, claiming the decedent had named her the primary beneficiary in a June 30, 2008 will.
On February 10, 2011, the probate court granted Hash's motion to intervene.
On February 11, 2011, Hash demanded a jury trial under OCGA § 15-9-121(a) after intervention; the statute defines probate court as satisfying a population threshold and judge qualifications.
The 2010 census showed Dougherty County's population dropped below 96,000, triggering questions about whether OCGA § 15-9-120(2) remains elastic and whether amendments would keep the county in the class.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether OCGA § 15-9-120(2) is a constitutional general law or an unconstitutional special law.	Ellis argues the statute is a special law that freezes counties.	Dougherty County argues the statute uses an elastic population basis and is a valid general law.	OCGA § 15-9-120(2) is a constitutional general law.
Whether Hash's jury-trial demand was timely under OCGA § 15-9-121(a).	Ellis contends Hash's intervention date did not trigger a timely jury demand.	Hash became a party only after the court granted intervention, making the 30-day clock reset.	Hash's jury-trial demand was timely.
Whether the constitutional challenge to OCGA § 15-9-120(2) is moot given later census amendments.	Ellis asserts mootness due to the 2010 census and later amendments.	The issue remains live because the statute's validity depends on elastic interpretation, not only on census dates.	Not moot; merits proceeded and the statute was sustained.

Sumter Cnty. v. Allen, 193 Ga. 171 (1941) (elastic population-based classification allowed by 'or' in census trigger)
Dougherty Cnty. v. Bush, 227 Ga. 137 (1971) (classification by population with elasticity; general-law treatment)
City of Atlanta v. Gower, 216 Ga. 368 (1960) (constitutional limits on local or special laws)
Walden v. Owens, 211 Ga. 884 (1955) (contrasted conjunctive population classifications freezing counties)
Sumter County v. Allen, 193 Ga. 171 (1941) (reiterates elastic interpretation (duplicate listed for emphasis))