Cable Piano Co. v. Williamson

Court of Appeals of Georgia

Cable Piano Co. v. Williamson

176 S.E. 103, 49 Ga. App. 529, 1934 Ga. App. LEXIS 466

CourtCourt of Appeals of Georgia

DecidedSeptember 19, 1934

Docket23472

StatusPublished

Cited by2 cases

This text of 176 S.E. 103 (Cable Piano Co. v. Williamson) 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.

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Cable Piano Co. v. Williamson, 176 S.E. 103, 49 Ga. App. 529, 1934 Ga. App. LEXIS 466 (Ga. Ct. App. 1934).

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Opinion

Jenkins, P. J.

Under the decision of the Supreme Court upon questions certified by this court, the act of March 10, 1933 (Ga. L. 1933, pp. 290-298), providing for direct bills of "exception from the municipal court of Atlanta, is not unconstitutional for any of the reasons stated. Dillon v. Continental Trust Co., 179 Ga. 198 (175 S. E. 652). Section 42-A of the act (p. 295) providing that “no writ of certiorari shall lie to any judgment, order, or ruling of a trial judge of the municipal court of Atlanta, Fulton section, or the appellate division of said court, but [that] all such judgments, orders, and rulings shall be reviewed and corrected only in the manner and methods in this act provided,” and thus requiring that a review of the- decisions of the appellate division shall be only by direct writ of error to that court, the superior court erred in denying the motion to dismiss the petition for certiorari, for lack of jurisdiction, and in sustaining the certiorari.

Judgment reversed.

Stephens and Sutton, JJ., concur.

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Jenkins, P. J.

Under the decision of the Supreme Court upon questions certified by this court, the act of March 10, 1933 (Ga. L. 1933, pp. 290-298), providing for direct bills of "exception from the municipal court of Atlanta, is not unconstitutional for any of the reasons stated. Dillon v. Continental Trust Co., 179 Ga. 198 (175 S. E. 652). Section 42-A of the act (p. 295) providing that “no writ of certiorari shall lie to any judgment, order, or ruling of a trial judge of the municipal court of Atlanta, Fulton section, or the appellate division of said court, but [that] all such judgments, orders, and rulings shall be reviewed and corrected only in the manner and methods in this act provided,” and thus requiring that a review of the- decisions of the appellate division shall be only by direct writ of error to that court, the superior court erred in denying the motion to dismiss the petition for certiorari, for lack of jurisdiction, and in sustaining the certiorari.

Judgment reversed.

Stephens and Sutton, JJ., concur.

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176 S.E. 103, 49 Ga. App. 529, 1934 Ga. App. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cable-piano-co-v-williamson-gactapp-1934.

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