Baxter v. Ballard

Court of Appeals of Georgia

Baxter v. Ballard

132 S.E. 919, 35 Ga. App. 331, 1926 Ga. App. LEXIS 1133

CourtCourt of Appeals of Georgia

DecidedApril 20, 1926

Docket16928

StatusPublished

This text of 132 S.E. 919 (Baxter v. Ballard) 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

Baxter v. Ballard, 132 S.E. 919, 35 Ga. App. 331, 1926 Ga. App. LEXIS 1133 (Ga. Ct. App. 1926).

Pincite

Opinion

Stephens, J.

A petition for certiorari in a case tried in a justice’s court, wliieli assigns error only upon the failure of the magistrate to enter judgment for the plaintiff against a garnishee, contains no assignment of error as against the defendant; and where the statutory bond required to be given by the plaintiff for the issuance of the writ of certiorari is payable to the defendant only, and not to the garnishee, the garnishee is not a party defendant to the certiorari. The petition for certiorari was properly dismissed.

Judgment affirmed.

Jenlcins, P. J., and Bell, J., eoneur.

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

Stephens, J.

A petition for certiorari in a case tried in a justice’s court, wliieli assigns error only upon the failure of the magistrate to enter judgment for the plaintiff against a garnishee, contains no assignment of error as against the defendant; and where the statutory bond required to be given by the plaintiff for the issuance of the writ of certiorari is payable to the defendant only, and not to the garnishee, the garnishee is not a party defendant to the certiorari. The petition for certiorari was properly dismissed.

Judgment affirmed.

Jenlcins, P. J., and Bell, J., eoneur.

Cite This Page — Counsel Stack

Bluebook (online)

132 S.E. 919, 35 Ga. App. 331, 1926 Ga. App. LEXIS 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxter-v-ballard-gactapp-1926.