60 Ga. 204 | Ga. | 1878
The points made and argued by counsel are many, but there is one broad principle that holds in its grasp the whole body of the case; that principle is estoppel. The jury found
Though there was room for differences of opinion on what we have said thus far touching estoppel, there can scarcely be a doubt that, as Mr. Dillon procured the act of the general assembly to be passed, the provisions of which are set forth in the head-note, he is estopped by the foregoing facts, -with that act superadded. ITe had the very question which he now attempts to raise, settled by that act. He caused the legislature to be informed by satisfactory evidence,-that Mrs: Dillon was entitled to all and singular,-the rights-’and privileges of a citizen of Georgia ; and the legislature solemnly-declared, by means of the act, that she was. He must (in all civil rights and duties, at least) abide by this declaration, having himself been instrumental in procuring it to be made. Indeed, it seems td have been made wholly at his instance. If, in 1857, (the date of the act) she was entitled to all the rights and privileges-of a citizen, she was entitled to be his wife, whether he married her be fore the act was passed or afterwards. The act declares, her status, and to do so. was within the competency of the legislature. That she was a free white person, though not affirmed expressly, is- implied in the declaration of citizenship ; for at that period, to be a citizen of this state, was to-be white, white persons only being then members of our body politic. The act does not make her white, but is conclusive evidence against Mr. Dillon, in this proceeding, that she is white. He is estopped to controvert it.
Cited by counsel for plaintiff in error : Constitution of 1798 ; Code, §§1993, 1995, 1997, 1998, 5000 et seq; Cobb’s Dig., 1115, §21; 1 Kent’s Com., 501, 501; Cooley’s Con. Lim., 171-6, 393; Dwar. on Stat., 615 ; Sedg. on Stat. & Con. Law, 151, 151, 159 ; 1 Kelly, 219, et seq.; 1 Ga., 72, 208 ; 11 Ib., 361, et seq. 19 How., 393 ; Cobb’s Dig., 1111, sec. 1; Cooley, 91, 92, 96 ; 7 Ga., 92 ; 12 Ib., 105; Sedgwick (supra), 166, 167 ; 8 Ga., 222 ; Sedgwick (supra), 158, et seq.; Cobb’s Dig., 972; Code of 1863, §1600 ; 1 Ga., 68 ; 6 Ib., 100, 101; 11 Ib., 185, 202 ; acts of 1812, p.182; 10 Ga., 217 ; Code, §5115 ; Code of 1863, §1661; Irwin’s Code, §1707; Constitution of 1865 ; Code, §§1988,1708 ; 39 Ga., 321 ; 11 Ib., 199, 671; 15 Ib., 361; 39 Ib., 253 ; 30 Ib., 679 ; 1 Kent’s Com., 162 ; Cooley (supra), 96 ; 7 Ga., 90, 92 ; 8 Ib., 29 ; Cobb’s Dig., 903, 995 ; 6 Ga., 100 ; 1 Peters, 169 ; Hilliard on Tax., 360, §13; 52 Ga., 272; Code, §3753; 16 Ga., 110; Herman Estop., §§3, 1, 5, 322, 610, 621; 17 Ga., 122 ; 57 Ib., 181; 10 Ib., 600 ; 2 Smith’s L. C., 618, 753, 756 ; Herman (supra), 1, 52, 220, 221, 332, 331,193, 513 ; 11 Ga., 315; Code, §§3591, 3828, 7; 11 Ga., 315 ; 16 Ib., 116 ; 9 Ib., 137; 55 Ib., 262 ; 1 Par. on Con., 192 ; 3 Ib., 111; 2 Ib., 782; 53 Ga., 169 ; Code of 1863, §1653 ; 39 Ga., 173; Bou. Law Dic., “ Marriage,” §5 ; 1 Bish. on Mar. & Div., §§501, 510, 221, 233, 231; 1 Camp. N. P. R., 196 ; 1 Sawyer, 99, et seq.; 15 Ga., 138 ; 9 Ib., 151 ; 30 Ib., 891; 18 Ib., 192; Code, §3715 ; 11 Ga., 638 ; Sedgwick (supra), 203 ; Code, §211, 215 ; 55 Ga., 211, 667; 32 Ib., 515; 59 Ib., 185.
Cited by counsel for defendant in error: 30 Ga., 173, et seq.; 11 Ib., 51; 2 Bou. Dic., “Marriage”; Reeve’s Domes. Rel., 307, and notes, 308 and note; 9 Paige, 610; 13 Am. Rep., 733; 1 Edw. Ch., 107; Code, §3753; Brown’s L. Max., 127, 116, note 1; Bou. Law Dic., 511; 1 Gr’l’f’s Ev.,
Judgment affirmed.