Coclin v. Taylor

Court of Appeals of Georgia

Coclin v. Taylor

137 S.E. 852, 36 Ga. App. 577, 1927 Ga. App. LEXIS 155

CourtCourt of Appeals of Georgia

DecidedMarch 8, 1927

Docket17788

StatusPublished

This text of 137 S.E. 852 (Coclin v. Taylor) 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

Coclin v. Taylor, 137 S.E. 852, 36 Ga. App. 577, 1927 Ga. App. LEXIS 155 (Ga. Ct. App. 1927).

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Opinion

Bloodworth, J.

The only assignment of error in the petition for certiorari is upon the entering of judgment against the defendant in the magistrate’s court. It is well established in this State that the presumption is always in favor of an unreversed judgment, and that the burden in certiorari proceedings is on the plaintiff in certiorari to plainly, distinctly, and affirmatively show error. The record in this case is confused and confusing, and contains irreconcilable contradictions. Uncertainties and ambiguities in a certiorari record must be construed favorably to a judgment refusing a new trial. Reese v. Miller, 33 Ga. App. 443 (4) (126 S. E. 904). The record in this ease does not plainly, distinctly, and affirmatively show error in the judgment of which complaint is made, and the judge of the superior court properly overruled the certiorari.

Judgment affirmed.

Broyles, C. J., and Lulce, J., concur.

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Bloodworth, J.

The only assignment of error in the petition for certiorari is upon the entering of judgment against the defendant in the magistrate’s court. It is well established in this State that the presumption is always in favor of an unreversed judgment, and that the burden in certiorari proceedings is on the plaintiff in certiorari to plainly, distinctly, and affirmatively show error. The record in this case is confused and confusing, and contains irreconcilable contradictions. Uncertainties and ambiguities in a certiorari record must be construed favorably to a judgment refusing a new trial. Reese v. Miller, 33 Ga. App. 443 (4) (126 S. E. 904). The record in this ease does not plainly, distinctly, and affirmatively show error in the judgment of which complaint is made, and the judge of the superior court properly overruled the certiorari.

Judgment affirmed.

Broyles, C. J., and Lulce, J., concur.

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Bluebook (online)

137 S.E. 852, 36 Ga. App. 577, 1927 Ga. App. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coclin-v-taylor-gactapp-1927.

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