Campbell v. City of Atlanta

Court of Appeals of Georgia

Campbell v. City of Atlanta

7 S.E.2d 315, 61 Ga. App. 747, 1940 Ga. App. LEXIS 249

CourtCourt of Appeals of Georgia

DecidedFebruary 22, 1940

Docket28077.

StatusPublished

Cited by1 cases

This text of 7 S.E.2d 315 (Campbell 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.

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Campbell v. City of Atlanta, 7 S.E.2d 315, 61 Ga. App. 747, 1940 Ga. App. LEXIS 249 (Ga. Ct. App. 1940).

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Opinion

Broyles, C. J.

1. “Where it does not kppeá'r from "the record that'[certain] "issues were made in the trial court, they can not be raised by certiorari in the superior court, tand, reviewed in this court.” Bolton v. Newman, 147 Ga. 400 (94 S. E. 236); Bell v. Valdosta, 47 Ga. App. 808, 809 (171 S. E. 572). Under this ruling, the allegation in the petition for certiorari that the defendant’s conviction “contravenes and conflicts with a valid State law on the same subject-matter” (operating an automobile while intoxicated) presents no question for.the determination of this court, it not appearing from the record that such an issue was raised in the trial court. ''

2. The . evidence, while in acute conflict; authorized the judgment of the recoi'der, and.the. overruling of the certiorari was not error.

Judgment affirmed.

Maolntyre and Guerry, JJ., concur.

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Broyles, C. J.

1. “Where it does not kppeá'r from "the record that'[certain] "issues were made in the trial court, they can not be raised by certiorari in the superior court, tand, reviewed in this court.” Bolton v. Newman, 147 Ga. 400 (94 S. E. 236); Bell v. Valdosta, 47 Ga. App. 808, 809 (171 S. E. 572). Under this ruling, the allegation in the petition for certiorari that the defendant’s conviction “contravenes and conflicts with a valid State law on the same subject-matter” (operating an automobile while intoxicated) presents no question for.the determination of this court, it not appearing from the record that such an issue was raised in the trial court. ''

2. The . evidence, while in acute conflict; authorized the judgment of the recoi'der, and.the. overruling of the certiorari was not error.

Judgment affirmed.

Maolntyre and Guerry, JJ., concur.

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7 S.E.2d 315, 61 Ga. App. 747, 1940 Ga. App. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-city-of-atlanta-gactapp-1940.

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