112 Ga. 169 | Ga. | 1900
Lead Opinion
The case now under consideration was brought to this court on a writ of error sued out from the city court of Camilla. On the call of the case a motion was presented by the defendant in error to dismiss the bill of exceptions, on the ground that a writ of error does not lie from the city court of Camilla to this court.
By the terms of par. 1 of sec. 1 of art. 6 of the constitution the judicial powers of this State are vested in a Supreme Court, superior courts, courts of ordinary, justices of the peace, commissioned notaries public, and such other courts as have been or may be established by law; and by paragraph 5 of the same section and article it is declared that the Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors from the superior courts and from the city courts of Atlanta ancl Savannah and such other like courts as may be hereafter established in other cities. The jurisdiction of this court to entertain a bill of exceptions from the city court of Camilla depends upon the determination of the question as to whether that court is a like court to the city courts of Atlanta and Savannah, and is established in one of the cities of this State; for it will be noted that, in order to give this court jurisdiction by a bill of exceptions sued out from a city court other than those of Atlanta and Savannah, it must be established in a city of this State, and be a like court with that established in each of the two cities named. By reference to an act 'approved Oct. 24, 1887 (Acts 1887, p. 634), it will be observed that Camilla is chartered as one of the towns of this State. The act declares that from and after its passage the municipal govern
To support the legality of the writ of error in this case, reliance is placed on the terms of the act which established the city court of Camilla (Acts 1897, p. 430), to which we have before referred and which we will now further examine. The caption declares it to be an act to establish the city court of Camilla, in and for the county of Mitchell. The first section declares that The city court of Camilla . is created and established in the town of Camilla in the county of Mitchell, which town is hereby recognized and declared to be a city within the meaning of those sections of the constitution which relate to city courts.” We have, by this part of the enactment, two legislative declarations of equal importance: first, that the court is established in the town of Camilla; second, that the town of Camilla is a city within the meaning of the provision of our constitution which relates to city courts. Construing the two ácts together, it is manifest that it was not the purpose of the General Assembly to. change the legal, status of
Under the judiciary system established by our constitution, the specified courts in which the judicial powers of this State are invested are: the Supreme Court, with no original jurisdiction, and organized alone for the correction of errors; the superior courts, having general and original jurisdiction, and sitting not less than twice a year in each of the counties of the State; a justice of the peace and notary public, with limited jurisdiction, in each militia district in every county. The original judicial system of this State did not include a Supreme Court, the superior courts being the highest tribunals. These latter courts were intended as the great arbiter of the rights of the people, and, to accomplish the purposes intended, they were invested with full power to review and correct, by certiorari, errors committed in all inferior judicatories, besides entertaining appeals in many enumerated instances. ' The establishment of city courts with the right of direct writ of error was, by the provisions of the constitution, intended to provide for the needs of the people, and to meet business requirements. It is in the light of these facts that the paragraph now under review must be construed. Under another provision of that instrument, it is perfectly competent for the lawmaking power to establish city courts, not only in the different towns, but also in villages of this State, and, when established in conformity with law, such courts are invested with power to exercise the jurisdiction conferred on them; and from the rulings and judgments of these courts ample provision is made by the constitution for certiorari and appeal, for the correction of errors committed, to the superior courts; and from the action of the superior courts in such cases a writ of error lies to this court. But such a writ can not legally be entertained unless it comes from a city court contemplated by the constitution, and these, as we have endeavored to show, are such as are courts like those of. the city courts of Atlanta and Savannah which have been established in the cities of this State.
Inasmuch, therefore, as it appears by the act incorporating the town of Camilla that that incorporation is notone of the cities of this State, such as was contemplated by the constitutional provision, it must follow that this court has no jurisdiction to hear and correct errors alleged to have been committed in the city court of Camilla,
Writ of error dismissed.
Concurrence Opinion
I concur in the judgment rendered in this case, and also in the proposition announced in the headnote; but I can not concur in all of the reasoning of Mr. Justice Little in his opinion. The General Assembly has a right to establish courts and call them city courts. Whether or not the errors of such a court can be corrected by a direct bill of exceptions to this court depends upon two questions: First, is the court a “like” court to the city court of Atlanta or the city court of Savannah ? Second, is the court established in a city of this State ? In regard to the first question, all that is necessary is that the court shall have substantially -the jurisdiction and powers possessed by either of the city courts above mentioned, at the time the present constitution was adopted. In considering the second question it is necessary to determine what is meant by the term “ city,” in the clause of the constitution which fixes the jurisdiction of the Supreme Court. The constitution does not define the term “ city,” and therefore, in ascertaining what was meant by the use of the word, it is necessary to determine what Was the meaning of that term at the time the constitution was adopted. There can be but one answer to the question, and that is, that what is a city depends entirely upon what the legislature has declared to be a city by incorporating a community and calling it by this name. . The City of Savannah was a city by reason of the fact that the legislature had granted a charter to it as a municipal corporation and styled it a city. The City of Atlanta was a city for a similar reason; and therefore any community of persons that the General Assembly incorporates as a city is one within the meaning of the constitution. When, therefore, an act of the General Assembly creates a city court, and upon an inspection of the act it appears to confer upon that court jurisdiction and powers which make it substantially similar to either of the city courts named in the constitution, and by the terms of the act the court is located at a place which was, at the date of the passage of the act creating the court, an incorporated city, incorporated as such either by a special act of the General Assembly or by a general law providing for the incorporation of cities, such court is a city court within the meaning of
I am authorized by Mr. Justice Fish to say that he concurs in the views above expressed.