Andrews v. City of Atlanta

67 S.E. 109, 7 Ga. App. 472, 1910 Ga. App. LEXIS 357
CourtCourt of Appeals of Georgia
DecidedFebruary 22, 1910
Docket2292
StatusPublished

This text of 67 S.E. 109 (Andrews v. City of Atlanta) 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
Andrews v. City of Atlanta, 67 S.E. 109, 7 Ga. App. 472, 1910 Ga. App. LEXIS 357 (Ga. Ct. App. 1910).

Opinion

Russell J.

1. An assignment of error averring that a judgment is illegal, because it is contrary to the evidence, against the weight of the evidence, and without evidence to support it, is sufficient to raise the question of venue. Mill v. State, 1 Ga. App. 134 (57 S. E. 969).

2. As affirmative proof of the venue did not appear, and therefore, according to the allegations of the petition for certiorari, the jurisdiction of the trial court was not proved, it was error to refuse to sanction the writ of certiorari. Strozier v. Hawkinsville, 1 Ga. App. 285 (57 S. E. 969) ; Minor v. Atlanta, ante, 471 (67 S. E. 108).

3. The remaining questions raised by the petition for certiorari are ruled in Loeb v. Jennings, 133 Ga. 796 (67 S. E. 101).

Judgment reversed.

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Related

Loeb v. Jennings
67 S.E. 101 (Supreme Court of Georgia, 1910)
Mill v. State
57 S.E. 969 (Court of Appeals of Georgia, 1907)
Strozier v. City of Hawkinsville
57 S.E. 969 (Court of Appeals of Georgia, 1907)
Minor v. City of Atlanta
67 S.E. 108 (Court of Appeals of Georgia, 1910)

Cite This Page — Counsel Stack

Bluebook (online)
67 S.E. 109, 7 Ga. App. 472, 1910 Ga. App. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-city-of-atlanta-gactapp-1910.