Crosby v. Turner

Court of Appeals of Georgia

Crosby v. Turner

118 S.E. 501, 30 Ga. App. 586, 1923 Ga. App. LEXIS 535

CourtCourt of Appeals of Georgia

DecidedJuly 10, 1923

Docket14461

StatusPublished

This text of 118 S.E. 501 (Crosby v. Turner) 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

Crosby v. Turner, 118 S.E. 501, 30 Ga. App. 586, 1923 Ga. App. LEXIS 535 (Ga. Ct. App. 1923).

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Opinion

Luke, J.

1. There is no merit in the motion to dismiss the bill of exceptions.

2. Where the answer to a writ of certiorari is neither traversed nor excepted to, the judge of the superior court is bound to determine the cause as made by the answer. In the case here for review upon the petition for certiorari and the answer of the ordinary thereto, the court properly overruled and denied the certiorari.

Judgment affirmed.

Broyles, 0. •/., and Bloodworth, J., ooneur. L. N. Carrington, B. W. Durden, for plaintiff in error. Farr & Powell, contra.

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Luke, J.

1. There is no merit in the motion to dismiss the bill of exceptions.

2. Where the answer to a writ of certiorari is neither traversed nor excepted to, the judge of the superior court is bound to determine the cause as made by the answer. In the case here for review upon the petition for certiorari and the answer of the ordinary thereto, the court properly overruled and denied the certiorari.

Judgment affirmed.

Broyles, 0. •/., and Bloodworth, J., ooneur. L. N. Carrington, B. W. Durden, for plaintiff in error. Farr & Powell, contra.

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Bluebook (online)

118 S.E. 501, 30 Ga. App. 586, 1923 Ga. App. LEXIS 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crosby-v-turner-gactapp-1923.