Davis v. Bomar

Court of Appeals of Georgia

Davis v. Bomar

181 S.E.2d 509, 123 Ga. App. 493, 1971 Ga. App. LEXIS 1274

CourtCourt of Appeals of Georgia

DecidedMarch 19, 1971

Docket45973

StatusPublished

This text of 181 S.E.2d 509 (Davis v. Bomar) 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

Davis v. Bomar, 181 S.E.2d 509, 123 Ga. App. 493, 1971 Ga. App. LEXIS 1274 (Ga. Ct. App. 1971).

Pincite

Opinion

Bell, Chief Judge.

This is a direct appeal taken from an order of a superior court judge setting compensation for an attorney appointed in a criminal case. See Code Ann. Ch. 27-32. It has been indicated by the Supreme Court that the proper remedy for counsel to pursue in an action such as this is by mandamus against the governing authority of the county. Daniel v. Yow, 226 Ga. 544 (3a) (176 SE2d 67). See also Bibb County v. Hancock, 211 Ga. 429 (2) (86 SE2d 511). There has been no judicial proceeding in this case. Therefore, there is no judgment from which an appeal may be taken either to this court or to the Supreme Court. As there is no appealable judgment, there is no jurisdiction to decide the issue raised. The appeal is

Dismissed.

Pannell, and Deen, JJ., concur.

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Bell, Chief Judge.

This is a direct appeal taken from an order of a superior court judge setting compensation for an attorney appointed in a criminal case. See Code Ann. Ch. 27-32. It has been indicated by the Supreme Court that the proper remedy for counsel to pursue in an action such as this is by mandamus against the governing authority of the county. Daniel v. Yow, 226 Ga. 544 (3a) (176 SE2d 67). See also Bibb County v. Hancock, 211 Ga. 429 (2) (86 SE2d 511). There has been no judicial proceeding in this case. Therefore, there is no judgment from which an appeal may be taken either to this court or to the Supreme Court. As there is no appealable judgment, there is no jurisdiction to decide the issue raised. The appeal is

Dismissed.

Pannell, and Deen, JJ., concur.

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Bluebook (online)

181 S.E.2d 509, 123 Ga. App. 493, 1971 Ga. App. LEXIS 1274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-bomar-gactapp-1971.

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