Cook v. City of Atlanta

Court of Appeals of Georgia

Cook v. City of Atlanta

64 S.E. 1107, 6 Ga. App. 356, 1909 Ga. App. LEXIS 295

CourtCourt of Appeals of Georgia

DecidedJune 15, 1909

Docket1872

StatusPublished

Cited by2 cases

This text of 64 S.E. 1107 (Cook 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.

Bluebook

Cook v. City of Atlanta, 64 S.E. 1107, 6 Ga. App. 356, 1909 Ga. App. LEXIS 295 (Ga. Ct. App. 1909).

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Opinion

Hill, C. J.

1. Where on certiorari from the finding of the recorder of the City of Atlanta it appears that there was no proof of the venue, the superior court can remand the case for another trial.

2. Although the finding of the recorder of the City of Atlanta in a criminal case may be without any evidence to support it, this does not make the finding “an error in law which must finally govern the ease,” requiring the judge of the superior court on certiorari to render a final decision in the case, but he may send the case back for another trial.

3. The other assignment of error is controlled by the decisions of this court in Callaway v. Mims, 5 Ga. App. 9 (62 S. E. 654), and Athens v. Atlanta, ante, 244 (64 S. E. 711). Judgment affirmed.

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Hill, C. J.

1. Where on certiorari from the finding of the recorder of the City of Atlanta it appears that there was no proof of the venue, the superior court can remand the case for another trial.

2. Although the finding of the recorder of the City of Atlanta in a criminal case may be without any evidence to support it, this does not make the finding “an error in law which must finally govern the ease,” requiring the judge of the superior court on certiorari to render a final decision in the case, but he may send the case back for another trial.

3. The other assignment of error is controlled by the decisions of this court in Callaway v. Mims, 5 Ga. App. 9 (62 S. E. 654), and Athens v. Atlanta, ante, 244 (64 S. E. 711). Judgment affirmed.

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Bluebook (online)

64 S.E. 1107, 6 Ga. App. 356, 1909 Ga. App. LEXIS 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-city-of-atlanta-gactapp-1909.

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