City of Dacula v. Allen

Court of Appeals of Georgia

City of Dacula v. Allen

120 S.E.2d 311, 103 Ga. App. 600, 1961 Ga. App. LEXIS 1011

CourtCourt of Appeals of Georgia

DecidedApril 28, 1961

Docket38787

StatusPublished

Cited by1 cases

This text of 120 S.E.2d 311 (City of Dacula v. Allen) 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

City of Dacula v. Allen, 120 S.E.2d 311, 103 Ga. App. 600, 1961 Ga. App. LEXIS 1011 (Ga. Ct. App. 1961).

Pincite

Opinion

Jordan, Judge.

Emory M. Allen was convicted in the Mayor’s Court of the City of Dacula of the offense of public drunkenness in violation of a city ordinance and was fined the sum of $150. His writ of certiorari to the Superior Court of Gwinnett County was sustained and the exception is to that judgment and to the antecedent order of the superior court denying the city’s motion to dismiss the writ of certiorari *601 on the ground that no valid bond had been filed by the defendant as required by law. Held:

Decided April 28, 1961. Joseph E. Cheeley, for plaintiff in error. Merritt & Pruitt, Glyndon C. Pruitt, contra.

Since it is well settled by numerous decisions of the Supreme Court and this court that neither the State nor any municipality has the authority in a criminal or quasi-criminal case to except to any sentence, judgment, or decision of the court, the motion to dismiss the writ of error must be sustained. Cranston v. City of Augusta, 61 Ga. 572; Mayor &c. of Hawkinsville v. Etheridge, 96 Ga, 326 (22 S. E. 985); Mayor &c. of City of Macon v. Wood, 109 Ga. 149 (34 S. E. 322); City of Valdosta v. Goodwin, 21 Ga. App. 664 (94 S. E. 812); City of Manchester v. Rowe, 60 Ga. App. 567 (4 S. E. 2d 477); City of Manchester v. Dunn, 38 Ga. App. 83 (142 S. E. 747); City of Moultrie v. Csiki, 71 Ga. App. 13 (29 S. E. 2d 785); City of Atlanta v. Stallings, 198 Ga. 510, 513 (32 S. E. 2d 256).

Writ of error dismissed.

Townsend, P. J., Carlisle and Frankum, JJ., concur.

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Jordan, Judge.

Emory M. Allen was convicted in the Mayor’s Court of the City of Dacula of the offense of public drunkenness in violation of a city ordinance and was fined the sum of $150. His writ of certiorari to the Superior Court of Gwinnett County was sustained and the exception is to that judgment and to the antecedent order of the superior court denying the city’s motion to dismiss the writ of certiorari *601 on the ground that no valid bond had been filed by the defendant as required by law. Held:

Decided April 28, 1961. Joseph E. Cheeley, for plaintiff in error. Merritt & Pruitt, Glyndon C. Pruitt, contra.

Since it is well settled by numerous decisions of the Supreme Court and this court that neither the State nor any municipality has the authority in a criminal or quasi-criminal case to except to any sentence, judgment, or decision of the court, the motion to dismiss the writ of error must be sustained. Cranston v. City of Augusta, 61 Ga. 572; Mayor &c. of Hawkinsville v. Etheridge, 96 Ga, 326 (22 S. E. 985); Mayor &c. of City of Macon v. Wood, 109 Ga. 149 (34 S. E. 322); City of Valdosta v. Goodwin, 21 Ga. App. 664 (94 S. E. 812); City of Manchester v. Rowe, 60 Ga. App. 567 (4 S. E. 2d 477); City of Manchester v. Dunn, 38 Ga. App. 83 (142 S. E. 747); City of Moultrie v. Csiki, 71 Ga. App. 13 (29 S. E. 2d 785); City of Atlanta v. Stallings, 198 Ga. 510, 513 (32 S. E. 2d 256).

Writ of error dismissed.

Townsend, P. J., Carlisle and Frankum, JJ., concur.

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Bluebook (online)

120 S.E.2d 311, 103 Ga. App. 600, 1961 Ga. App. LEXIS 1011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-dacula-v-allen-gactapp-1961.

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