Andeppa v. Mayor of Savannah

Court of Appeals of Georgia

Andeppa v. Mayor of Savannah

172 S.E. 90, 48 Ga. App. 160, 1933 Ga. App. LEXIS 510

CourtCourt of Appeals of Georgia

DecidedDecember 22, 1933

Docket23703

StatusPublished

Cited by2 cases

This text of 172 S.E. 90 (Andeppa v. Mayor of Savannah) 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

Andeppa v. Mayor of Savannah, 172 S.E. 90, 48 Ga. App. 160, 1933 Ga. App. LEXIS 510 (Ga. Ct. App. 1933).

Pincite

Opinion

Guerry, J.

1. It is not a compliance with, the act of December 10, 1902 (Ga. Laws 1902, p. 105; Park’s Code, § 5191a), or the act of 1909 (Ga. Laws 1909, p. 148; Park’s Code, §§ 5192-94), for a defendant convicted in a municipal court to give a bond conditioned, “should said principal be and appear to answer and abide by the final judgment or decree of the superior court of [the county where such municipality is located] in said case.” The condition of the bond should be to personally appear and abide the final judgment, order, or sentence upon him. Scott v. City of Camilla, 7 Ga. App. 689; Ruffin v. City of Millen, 18 Ga. App. 784; Kelly v. City of Macon, 34 Ga. App. 519. It follows that the bond in this case, which provides only for the principal to “be and appear to answer, and abide by the final judgment or decree of the superior court of Chatham county, Georgia,” is not sufficient, and the judge of the superior court did not err in refusing to sanction the petition for certiorari.

2. Under the ruling made above, the points raised in the petition for certiorari can not be considered.

Judgment affirmed.

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

Free access — add to your briefcase to read the full text and ask questions with AI

Guerry, J.

1. It is not a compliance with, the act of December 10, 1902 (Ga. Laws 1902, p. 105; Park’s Code, § 5191a), or the act of 1909 (Ga. Laws 1909, p. 148; Park’s Code, §§ 5192-94), for a defendant convicted in a municipal court to give a bond conditioned, “should said principal be and appear to answer and abide by the final judgment or decree of the superior court of [the county where such municipality is located] in said case.” The condition of the bond should be to personally appear and abide the final judgment, order, or sentence upon him. Scott v. City of Camilla, 7 Ga. App. 689; Ruffin v. City of Millen, 18 Ga. App. 784; Kelly v. City of Macon, 34 Ga. App. 519. It follows that the bond in this case, which provides only for the principal to “be and appear to answer, and abide by the final judgment or decree of the superior court of Chatham county, Georgia,” is not sufficient, and the judge of the superior court did not err in refusing to sanction the petition for certiorari.

2. Under the ruling made above, the points raised in the petition for certiorari can not be considered.

Judgment affirmed.

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

Cite This Page — Counsel Stack

Bluebook (online)

172 S.E. 90, 48 Ga. App. 160, 1933 Ga. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andeppa-v-mayor-of-savannah-gactapp-1933.

Opinion

Related

Cite This Page — Counsel Stack