Crawford v. State

Court of Appeals of Georgia

Crawford v. State

73 S.E.2d 105, 87 Ga. App. 121, 1952 Ga. App. LEXIS 627

CourtCourt of Appeals of Georgia

DecidedOctober 1, 1952

Docket34258

StatusPublished

Cited by1 cases

This text of 73 S.E.2d 105 (Crawford 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.

Bluebook

Crawford v. State, 73 S.E.2d 105, 87 Ga. App. 121, 1952 Ga. App. LEXIS 627 (Ga. Ct. App. 1952).

Pincite

Opinion

Gardner, P. J.

The plaintiff in error was convicted and sentenced in the Criminal Court of Fulton County, and thereafter obtained the writ of certiorari from the Superior Court of Fulton County. In the body of the certiorari bond Wheeler B. Crawford is designated as principal and Mrs. A. M. Gamer as security. The certiorari bond was signed: “W. B. Crawford, Jr. [L. S.]. Mrs. A. M. Garner [L. S.]. Harry Beckel [L. S.]. Attorney in fact [L. S.].” There is no authority attached to the bond or elsewhere in the certiorari to show the authority of Harry Beckel to sign the name of Mrs. A. M. Garner as surety. On the hearing of the certiorari and on motion of the prosecuting attorney, the judge of the superior court dismissed the certiorari proceeding for the reason that Harry Beckel signed the name of Mrs. [122]*122A. M. Gamer without authority, so far as the record reveals. To this judgment dismissing the certiorari error is assigned here. Held:

Decided October 1, 1952 Rehearing denied October 16, 1952. James R. Venable, H. C. Morgan, for plaintiff in error. John I. Kelley, Paul Webb, Solicitor-General, Charlie O. Murphy, J. C. Tanksley, contra.

The court correctly dismissed the certiorari. See Taylor v. City of Atlanta, 84 Ga. App. 739 (67 S. E. 2d, 143); Darby v. City of Atlanta, 83 Ga. App. 579 (63 S. E. 2d, 906); Duncan v. City of Atlanta, 59 Ga. App. 335 (200 S. E. 815); Chiles v. City of Atlanta, 51 Ga. App. 69 (179 S. E. 596); Mantovani v. City of Atlanta, 43 Ga. App. 787 (160 S. E. 129). Counsel for the plaintiff in error bases his contention for reversal on the case of Home Insurance Company v. Parks, 42 Ga. App. 482(4) (156 S. E. 471). That case is not authority to sustain the contentions of the plaintiff in error. Construing this record as a whole, it appears as a matter of law that Mrs. A. M. Garner, the recited security, did not sign the bond.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Gardner, P. J.

The plaintiff in error was convicted and sentenced in the Criminal Court of Fulton County, and thereafter obtained the writ of certiorari from the Superior Court of Fulton County. In the body of the certiorari bond Wheeler B. Crawford is designated as principal and Mrs. A. M. Gamer as security. The certiorari bond was signed: “W. B. Crawford, Jr. [L. S.]. Mrs. A. M. Garner [L. S.]. Harry Beckel [L. S.]. Attorney in fact [L. S.].” There is no authority attached to the bond or elsewhere in the certiorari to show the authority of Harry Beckel to sign the name of Mrs. A. M. Garner as surety. On the hearing of the certiorari and on motion of the prosecuting attorney, the judge of the superior court dismissed the certiorari proceeding for the reason that Harry Beckel signed the name of Mrs. [122]*122A. M. Gamer without authority, so far as the record reveals. To this judgment dismissing the certiorari error is assigned here. Held:

Decided October 1, 1952 Rehearing denied October 16, 1952. James R. Venable, H. C. Morgan, for plaintiff in error. John I. Kelley, Paul Webb, Solicitor-General, Charlie O. Murphy, J. C. Tanksley, contra.

The court correctly dismissed the certiorari. See Taylor v. City of Atlanta, 84 Ga. App. 739 (67 S. E. 2d, 143); Darby v. City of Atlanta, 83 Ga. App. 579 (63 S. E. 2d, 906); Duncan v. City of Atlanta, 59 Ga. App. 335 (200 S. E. 815); Chiles v. City of Atlanta, 51 Ga. App. 69 (179 S. E. 596); Mantovani v. City of Atlanta, 43 Ga. App. 787 (160 S. E. 129). Counsel for the plaintiff in error bases his contention for reversal on the case of Home Insurance Company v. Parks, 42 Ga. App. 482(4) (156 S. E. 471). That case is not authority to sustain the contentions of the plaintiff in error. Construing this record as a whole, it appears as a matter of law that Mrs. A. M. Garner, the recited security, did not sign the bond.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

73 S.E.2d 105, 87 Ga. App. 121, 1952 Ga. App. LEXIS 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-state-gactapp-1952.

Opinion

Related

Cite This Page — Counsel Stack