2020 Georgia Code
Title 1 - General Provisions
Chapter 2 - Persons and Their Rights
§ 1-2-2. Categories of Natural Persons
Natural persons are categorized, according to their rights and status, as:
- Citizens;
- Citizens of the United States but not of this state; and
- Aliens.
(Orig. Code 1863, § 1583; Code 1868, § 1646; Code 1873, § 1652; Code 1882, § 1652; Civil Code 1895, § 1803; Civil Code 1910, § 2160; Code 1933, 79-101.)
Law reviews.- For article, "Compulsory Legal Segregation in the Public Schools, with Special Reference to Georgia," see 5 Mercer L. Rev. 211 (1954). For article, "Rights: Afterthoughts," see 27 Ga. L. Rev. 473 (1993).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 79-209, which dealt with citizenship rights of insane persons, are included in the annotations for this Code section.
Section is broad enough to cover resident and nonresident persons who are non compos mentis (decided under former Code 1933, § 79-209). Shea v. Gehan, 70 Ga. App. 229, 28 S.E.2d 181 (1943).
Referring to section in determining legislative intention in other provisions.
- Former Code 1933, § 79-102 (see now O.C.G.A. § 1-2-2) may be referred to in determining the intention of the General Assembly in using the phrase "mentally incompetent" in former Code 1933, § 114-306 (see now O.C.G.A. § 34-9-86), or "non compos mentis" in § 1-3-3 (decided under former Code 1933, § 79-209). Royal Indem. Co. v. Agnew, 66 Ga. App. 377, 18 S.E.2d 57 (1941).
"Insane" persons defined.
- The Code defines "insane" persons, or persons "non compos mentis," or persons "mentally incompetent," as meaning persons with unsoundness of mind in many degrees, such condition of mind being of three degrees: (1) one who is so unsound as to be sent to an asylum; (2) another so unsound as to have a guardian of the person's property and of the person; and (3) another so unsound as to have a guardian only of the person's property, to see that it is not wasted (that is, a trustee) (decided under former Code 1933, § 79-209). Royal Indem. Co. v. Agnew, 66 Ga. App. 377, 18 S.E.2d 57 (1941).
Editor's notes.- In light of the similarity of the statutory provisions, opinions rendered under former Code 1933, § 79-201 are included in the annotations for this Code section.
OPINIONS OF THE ATTORNEY GENERAL
Undomiciled married woman may register to vote.
- A married woman whose husband has his legal residence in Georgia may register to vote in this state even though she is not physically domiciled within the state. 1975 Op. Att'y Gen. No. 75-77 (rendered under former Code 1933, § 79-201).
RESEARCH REFERENCES
Am. Jur. 2d.
- 3A Am. Jur. 2d, Aliens and Citizens, §§ 5 et seq., 284 et seq., 862 et seq., 961 et seq. 3B Am. Jur. 2d, Aliens and Citizens, §§ 1170 et seq., 1823 et seq. 3C Am. Jur. 2d, Aliens and Citizens, § 2086 et seq.
C.J.S.- 3 C.J.S., Aliens, §§ 4, 5, 7. 14 C.J.S., Citizens, §§ 1, 2.
ALR.
- Disloyalty or mental reservation as ground for cancellation of certificate of citizenship, 18 A.L.R. 1185.
Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 A.L.R. 715.
Acquisition of domicile in countries (such as China, Turkey, and Egypt) granting extraterritorial privileges to foreigners, 39 A.L.R. 1155.
Diversity of citizenship, for purposes of federal jurisdiction, in stockholders' derivative action, 68 A.L.R.2d 824.
Capacity of one who is mentally incompetent but not so adjudicated to sue in his own name, 71 A.L.R.2d 1247.
