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Lawskills.com Georgia Caselaw
AUSTIN v. ALDREDGE et al.
26016.
HAWES, Justice.
Mandamus. Fulton Superior Court. Before Judge Emeritus Horne.
The criminal jurisdiction of the Civil Court of Fulton County is limited to the issuance of warrants and the holding of commitment hearings. Ga. L. 1913, pp. 145, 161; 1922, p. 206. Civil jurisdiction is the same as that exercised formerly by justice courts and justices of the peace and extends to all civil cases except those involving injuries to the person or to the reputation and, except, of course, such jurisdiction as is exclusively reposed by the Constitution in the superior courts. Ga. L. 1913, pp. 145, 158. The superior courts have exclusive jurisdiction only in cases of divorce, criminal cases where the offender is subject to the loss of life or confinement in the penitentiary and in cases respecting title to land and equity cases. Constitution, Art. VI, Sec. IV, Par. I (Code Ann. 2-3901). It will thus be seen that the Civil Court of Fulton County does not have concurrent jurisdiction with the superior courts of all matters except those of which exclusive jurisdiction is reposed in the superior courts by the Constitution. Though actions for injuries to the person and to the reputation are not by the Constitution exclusively within the jurisdiction of the superior courts, they are nevertheless excluded by the Act creating the Civil Court of Fulton County from the subjects of its jurisdiction. Under these circumstances, that court does not meet the criteria so as to come under the 1970 Act and the judge of the superior court did not err in refusing to mandamus the defendants to honor the requisition for materials and supplies in order to implement that Act in Fulton County.
John Tye Ferguson, for appellant.
SUBMITTED SEPTEMBER 17, 1970 -- DECIDED JANUARY 7, 1971.
Friday May 22 15:32 EDT


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