Allen v. McGuire

Court of Appeals of Georgia

Allen v. McGuire

174 S.E. 147, 49 Ga. App. 60, 1934 Ga. App. LEXIS 257

CourtCourt of Appeals of Georgia

DecidedApril 3, 1934

Docket23686

StatusPublished

Cited by5 cases

This text of 174 S.E. 147 (Allen v. McGuire) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. McGuire, 174 S.E. 147, 49 Ga. App. 60, 1934 Ga. App. LEXIS 257 (Ga. Ct. App. 1934).

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Opinion

Guerry, J.

It appearing that the trial magistrate was directed to answer the writ of certiorari at the November term, 1931, of Forsyth superior court, and that no answer was filed at that term and no order was passed at that term allowing an extension of time in which to make such answer, but the answer was filed at a subsequent term, it was not error for the judge of the superior court to dismiss the certiorari for the reason that the answer was not filed in time. High Co. v. Georgia Ry. & Power Co., 12 Ga. App. 505 (77 S. E. 588); Mertins v. Gavalos, 28 Ga. App. 438 (111 S. E. 684); Carroll v. Upchurch, 25 Ga. App. 646 (104 S. E. 16); Baggs-Langford Motor Co. v. Lewis, 34 Ga. App. 205 (129 S. E. 16); Crider v. City Supply Co., 16 Ga. App. 378 (85 S. E. 350). While the rule announced above may seem harsh, the plaintiff in certiorari had the right to renew his petition for certiorari within six months after dismissal. Civil Code, § 4381; Ga. Ry. & Power Co. v. High Co., 15 Ga. App. 243 (82 S. E. 932).

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Guerry, J.

It appearing that the trial magistrate was directed to answer the writ of certiorari at the November term, 1931, of Forsyth superior court, and that no answer was filed at that term and no order was passed at that term allowing an extension of time in which to make such answer, but the answer was filed at a subsequent term, it was not error for the judge of the superior court to dismiss the certiorari for the reason that the answer was not filed in time. High Co. v. Georgia Ry. & Power Co., 12 Ga. App. 505 (77 S. E. 588); Mertins v. Gavalos, 28 Ga. App. 438 (111 S. E. 684); Carroll v. Upchurch, 25 Ga. App. 646 (104 S. E. 16); Baggs-Langford Motor Co. v. Lewis, 34 Ga. App. 205 (129 S. E. 16); Crider v. City Supply Co., 16 Ga. App. 378 (85 S. E. 350). While the rule announced above may seem harsh, the plaintiff in certiorari had the right to renew his petition for certiorari within six months after dismissal. Civil Code, § 4381; Ga. Ry. & Power Co. v. High Co., 15 Ga. App. 243 (82 S. E. 932).

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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174 S.E. 147, 49 Ga. App. 60, 1934 Ga. App. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-mcguire-gactapp-1934.

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