Berendt v. McHugh

Supreme Court of Georgia

Berendt v. McHugh

48 S.E. 691, 121 Ga. 97, 1904 Ga. LEXIS 29

CourtSupreme Court of Georgia

DecidedOctober 17, 1904

StatusPublished

Cited by1 cases

This text of 48 S.E. 691 (Berendt v. McHugh) 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

Berendt v. McHugh, 48 S.E. 691, 121 Ga. 97, 1904 Ga. LEXIS 29 (Ga. 1904).

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Opinion

Candler, J.

A petition for certiorari from the judgment of a justice of the peace, brought in the name of one who was not a party to the proceeding in the justice’s court, is properly dismissed, on motion, by the judge of the superior court; and this is so although it appears that the name of the party who was made the plaintiff in certiorari was placed in the petition by inad[98]*98vertence of the stenographer who drew the paper, the intention being t6 bring the petition in the name of the losing party to the suit in the justice’s court. Central R. Co. v. Craig, 59 Ga. 185 ; Southwestern R. Co. v. Craig, 62 Ga. 361. Judgment affirmed.

Argued October 6, — Decided October 17, 1904.

Certiorari. Before Judge Cann. Chatham superior court. May 14, 1904.

William II Boyd, for plaintiff in error. Walter W. Sheppard, contra. All the Justices concur.

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Candler, J.

A petition for certiorari from the judgment of a justice of the peace, brought in the name of one who was not a party to the proceeding in the justice’s court, is properly dismissed, on motion, by the judge of the superior court; and this is so although it appears that the name of the party who was made the plaintiff in certiorari was placed in the petition by inad[98]*98vertence of the stenographer who drew the paper, the intention being t6 bring the petition in the name of the losing party to the suit in the justice’s court. Central R. Co. v. Craig, 59 Ga. 185 ; Southwestern R. Co. v. Craig, 62 Ga. 361. Judgment affirmed.

Argued October 6, — Decided October 17, 1904.

Certiorari. Before Judge Cann. Chatham superior court. May 14, 1904.

William II Boyd, for plaintiff in error. Walter W. Sheppard, contra. All the Justices concur.

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Bluebook (online)

48 S.E. 691, 121 Ga. 97, 1904 Ga. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berendt-v-mchugh-ga-1904.

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