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Carroll v. Upchurch

104 S.E. 16, 25 Ga. App. 646, 1920 Ga. App. LEXIS 129
CourtCourt of Appeals of Georgia
DecidedSeptember 17, 1920
Docket11300
StatusPublished
Cited by3 cases

This text of 104 S.E. 16 (Carroll v. Upchurch) 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
Carroll v. Upchurch, 104 S.E. 16, 25 Ga. App. 646, 1920 Ga. App. LEXIS 129 (Ga. Ct. App. 1920).

Opinion

Jenkins, P. J.

“ An answer to a certiorari must be filed on the first day of the term to which it is made returnable, unless further time be given. After the adjournment of the term it is too late to pass an order allowing further time within which to file the answer. It is the duty of the plaintiff in certiorari, during the first term, to discover that no answer has been filed, and to take an order requiring it to be filed within some specified time.” J. M. High Co. v. Ga. Ry. & Power Co., 12 Ga. App. 505 (77 S. E. 588); Civil Code (1910), § 5195. The court did not err in dismissing the certiorari in this ease.

Judgment affirmed.

Stephens and Smith, JJ., concur.

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Related

Allen v. McGuire
174 S.E. 147 (Court of Appeals of Georgia, 1934)
Baggs-Langford Motor Co. v. Lewis
129 S.E. 16 (Court of Appeals of Georgia, 1925)
Mertins v. Gavalos
111 S.E. 684 (Court of Appeals of Georgia, 1922)

Cite This Page — Counsel Stack

Bluebook (online)
104 S.E. 16, 25 Ga. App. 646, 1920 Ga. App. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-upchurch-gactapp-1920.