95 Ga. 178 | Ga. | 1894
An injunction was sought against the enforcement of certain judgments rendered by the notary public and ex officio justice of the peace of the 1234th district G. M., the ground of the petition being that the judgments were void because rendered at a time and place different from the time and place of holding court of the justice of the peace of the district. The court refused to grant an injunction, and the petitioner excepted. It appears that the notary did hold his court, as alleged, at a different time and place from the time and place of holding the court of the justice of the peace, but it also appears that he held it at a fixed time monthly, and that these judgments were rendered at the usual time of holding court for his February term, and at a place in the district fixed as the place of holding his court by an order of the ordinary allowing a removal thereto, and that the removal was duly advertised.
The 1234th district being in the city of Atlanta, the ease falls within the provisions .of the act of November 11th, 1889, “to fix the venue of justice courts in cities of this State having a population of over 15,000, and to locate the times and places of holding said courts,” (subsequently amended so as to be applicable to cities having a population of over 5,000), in which act it is provided that the justice of the peace and notary public and ex officio justice of the peace of each district embraced in whole or in part within the corporate limits
There is no merit in the contention that the act in question is repugnant to that clause of the constitution which provides for uniformity in the “jurisdiction, powers, proceedings' and practice of all courts or officers invested with judicial powers (except city courts), of the same grade or class.” (Code, §5156.) That clause does not relate to the time and place of holding courts. (See Bone v. The State, 86 Ga. 115, 1Í6.)
Judgment affirmed.