Carter v. State
This text of 60 S.E. 123 (Carter v. State) 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.
Opinion
1. The evidence as specifically set forth by the county judge • in his answer to the writ of certiorari is conclusive, unless traversed, and a reviewing court will not look to the evidence as set forth in the petition for certiorari to add to or in any manner to change the evidence as set forth in the answer. Evans v. Forsyth, 126 Ga. 589 (55 S. E. 490); Brown v. Gainesville, 125 Ga. 238 (53 S. E. 1002).
2. Where the evidence as set forth in the answer to the writ of certiorari, although weak, is sufficient to support the finding; and the only error assigned is that such finding was not supported by the evidence, this court will not interfere with the judgment of the superior court overruling the certiorari. Judgment affirmed.
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Cite This Page — Counsel Stack
60 S.E. 123, 3 Ga. App. 476, 1908 Ga. App. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-state-gactapp-1908.