History of the Courts
SUPREME COURT
The Supreme Court of Georgia was created by the General Assembly of Georgia in the session of 1845, under which act the state was divided into five judicial circuits. The district in which our courts and their decisions were reviewed was the Third District, and continued in that district, until the ambulatory character of the court was abolished in 1868.
SUPERIOR COURT
The Superior Court of Troup County, the tribunal which had
the highest jurisdiction in the county, including the trial of every form of
civil and criminal wrongdoing, the review of appeals from the in
ferior courts, and the control of all county activities, was shifted from
circuit to circuit in the arrangement of the gradually increasing business.
The original number of circuits was eleven, and the present number is thirty
three.
1826-32 Chattahoochee Circuit
1833-69 Coweta Circuit
1869-74 Tallapoosa Circuit
1875- Coweta Circuit, a change of name only
JUDGES OF SUPERIOR COURT
The following is the roster of the judges of the Superior Court in the circuits named above, and includes many names well known in Georgia legal lore:
In the above roster the names of Edward Young Hill, Orville A. Bull, Benjamin H. Bigham, Francis M. Longley, Thomas A. Atkinson, and Lee B. Wyatt, indicated by italic type, were citizens of Troup.
SOLICITORS GENERAL
The roster of Solicitors General of the Superior Court of Troup County contains many names of brilliant legal lights. Those who lived in Troup County are indicated by italic type:
CLERKS OF SUPERIOR COURT
The clerk is strictly speaking a county officer, being the recording officer of the courts, and also of the county records of deeds, mortgages, and charters. The roster follows:
SHERIFFS OF TROUP COUNTY
The sheriff, or his deputy, is required to be present at sessions of Superior and County courts to receive the mandates of the court in reference to any prisoner arraigned, and to serve subpoenas and the like. The following is the roster:
37TH DISTRICT COURT
Among the short-lived experiments in court procedures was the establishment of the 37th District Court by the General Assembly in 1870. It was abolished by the same body in the year 1871; therefore, the personnel of officers is limited to one: J. H. Caldwell, judge; Thomas H. Whitaker, solicitor-general; R. S. McFarlin, clerk.
COUNTY COURT
From the organization of the county until 1866, the Inferior
Court filled the needs of a county court, and in that year a county court
was established and continued until October 26, 1870; the district court
above mentioned replaced the functions of the county court by its quarterly
sessions until 1872. The justices of the peace of the county were clothed
with the powers of a county court on August 23, 1872, but after four years
of trial of this plan, and in response to the criticisms of the bar, the
county court was again created on February 23, 1876, and continued until the
establishment of the present City Court of Troup County, created on December
19, 1899. Thus it will be seen that our county had several experiments in
court procedure with a very variable jurisdiction in both civil and criminal
suits. First, Inferior Court, 1827-66; County Court, 1866-70; 37th District
Court, 1870-71; Justice Courts, 1872-76; County Court, 1876-99; City Court,
1900 to date.
The following roster of judges and solicitors of the County and City Courts,
excepting the justices, and the judges of the Inferior Court:
INFERIOR COURT
In the early history of Troup County the judges of the
Inferior Court were important factors in the organization and the
development of the county. For a long time their duties were three-fold in
character: First, as county commissioners to plan the county town, to
authorize the passage of roads, to oversee the construction of bridges, to
fix rates of taxation and license for the county, and to purchase the
necessary supplies for the use of the county; second, as a court of
ordinary, to probate wills, to appoint guardians and administrators, to
approve the care of orphans and the mentally incompetent; third, as a court
of justice, to hear all cases involving controversy of debt, to try criminal
cases not involving capital punishment.
This court was composed of five justices, and the presence of three
constituted a quorum for the transaction of business, yet the records
frequently show the attendance of the full court of five. The records of
each function of the court were kept in separate books and the minutes
always were preceded by the phrases: "The Inferior Court convened for county
purposes" or "for ordinary purposes." The functions as ordinary ceased in
July, 1852, when the Ordinary was made an official of the county. Their
functions as a court of justice ceased with the establishment of the County
Court in 1866. The Inferior Court was shorn of all its duties by the
creation of County Commissioners on February 28, 1876. The court was
formally abolished on February 27, 1877. The following roster of the judges
of this court is given below:
JUSTICE COURT
The courts of the Justice of Peace in our county history
were unique in their operation; the rules of procedure unless set forth in
"the Code" were in accordance with the pleasure of the incumbent judge.
At the request of the litigants in any case, a jury of five could be
summoned to decide the facts in the case, increasing the costs in the case
by $1.25, for the jurors always received "two bits" for each case decided;
in case no jury was demanded, the justice decided the facts in the case. The
rugged justice meted out by the old time justices could always be recognized
as just, whether legal or not, and technicalities seldom were allowed to
interfere with the decisions of the court, and flimsy excuses for
continuance were never recognized. The greatest abomination of the old
country justices was for city lawyers and Supreme Court decisions, and in
the arguments before the justices by the lawyers the paragraph of the code
of Georgia carried more weight than the most profound interpretation of any
legal authority.
On one occasion two lawyers met to represent opposing sides of some
controversy in a justice court, the facts were admitted and there was no
recourse to a jury. The justice listened carefully to the recital of the
facts, and followed the citation of code paragraphs by turning to each as
fast as they were mentioned. One of the lawyers rose to argue the case and
talked for a few minutes, the justice in the meanwhile squirmed on his seat,
and then interrupted the lawyer and said, "Well, gentlemen, it looks like it
is going to rain, and I want to go home and plant some turnips, and when you
two have finished your arguments, you will find my decision written here in
the book." Needless to say the arguments closed at once.
The question of costs of the case, the only income of the justice, were some
times confusing and difficult of placing in an unsettled case, or in case of
appeal to a higher court. Many of the old timers will remember the decision
of the justice in one such case of controversy over the ownership of a cow
to which both claimants had some rights. His decision was that "the costs
follow the cow."
But when all is said and done, a tribute is due to these honest old pioneers
of the law for their unfailing honesty and integrity in maintaining the
power and majesty of the law under the most trying circumstances.
COURT OF ORDINARY
The Court of Ordinary has jurisdiction over the probation of wills, the returns of executors, administrators and guardians, and is the tribunal for the determination of lunacy, and also the authority for the issuance of marriage licenses. The pensions for Confederate soldiers with their attendant records form a division of the office. Since 1884 the county officers take their oath of office before the ordinary, who records the oath in the minutes. The functions of this office were formerly lodged in the judges of the Inferior Court, but in 1852, a special county officer was designated to care for this part of the Inferior Court. The roster of the ordinaries in consequence commence with 1852:
COUNTY COMMISSIONERS
The functions of the County Commissioners were formerly vested in the Inferior Court. The change was made by the creation of a Board of Commissioners on February 28, 1876, elective by the Grand jury, and afterward in 1895 made elective by the voters. The functions of the Commissioners are the control of the county convicts, the supervision of the roads and bridges, the management of the county finances, and the fixing of the tax rate for county purposes. The following constitutes the roster:
