Benton v. Hynes

Supreme Court of Georgia

Benton v. Hynes

26 S.E. 469, 100 Ga. 95, 1896 Ga. LEXIS 578

CourtSupreme Court of Georgia

DecidedDecember 17, 1896

StatusPublished

Cited by6 cases

This text of 26 S.E. 469 (Benton v. Hynes) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benton v. Hynes, 26 S.E. 469, 100 Ga. 95, 1896 Ga. LEXIS 578 (Ga. 1896).

Pincite

Opinion

Atkinson, J.

1. Where, in the trial of a case pending in a justice’s court, there are disputed issues of fact, the judgment rendered by the magistrate cannot be directly reviewed by the writ of certiorari, but there must be an appeal, either to a jury in that court, or to the superior court.

2. In the present case there were disputed questions of fact, and there having been no appeal, the writ of certiorari was properly refused. Judgment affirmed,.

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Atkinson, J.

1. Where, in the trial of a case pending in a justice’s court, there are disputed issues of fact, the judgment rendered by the magistrate cannot be directly reviewed by the writ of certiorari, but there must be an appeal, either to a jury in that court, or to the superior court.

2. In the present case there were disputed questions of fact, and there having been no appeal, the writ of certiorari was properly refused. Judgment affirmed,.

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Bluebook (online)

26 S.E. 469, 100 Ga. 95, 1896 Ga. LEXIS 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-v-hynes-ga-1896.

Opinion

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