Davis v. City of Waycross

Court of Appeals of Georgia

Davis v. City of Waycross

85 S.E. 81, 16 Ga. App. 239, 1915 Ga. App. LEXIS 561

CourtCourt of Appeals of Georgia

DecidedMay 3, 1915

Docket5984

StatusPublished

Cited by1 cases

This text of 85 S.E. 81 (Davis v. City of Waycross) 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. City of Waycross, 85 S.E. 81, 16 Ga. App. 239, 1915 Ga. App. LEXIS 561 (Ga. Ct. App. 1915).

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Opinion

Russell, C. J.

1. The allegation in the petition for certiorari, that “no jurisdiction was shown in the recorder’s court,” is not such a “distinct allegation in the petition for the writ of failure to prove the venue” as ■ is contemplated and required by the “practice act” of 1911 (Acts 1911, p. 149). Failure to show jurisdiction and lack of proof of venue are not synonymous. To have autnorized the judge of the superior court to grant the writ on account of the fact that the venue was not proved, the particular point'should have been specifically made.

2. The evidence, though apparently weak, was .sufficient to authorize the judgment of guilty, and the court did not err in denying .the writ of certiorari. Judgment affirmed.

Broyles, J., not presiding.

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Russell, C. J.

1. The allegation in the petition for certiorari, that “no jurisdiction was shown in the recorder’s court,” is not such a “distinct allegation in the petition for the writ of failure to prove the venue” as ■ is contemplated and required by the “practice act” of 1911 (Acts 1911, p. 149). Failure to show jurisdiction and lack of proof of venue are not synonymous. To have autnorized the judge of the superior court to grant the writ on account of the fact that the venue was not proved, the particular point'should have been specifically made.

2. The evidence, though apparently weak, was .sufficient to authorize the judgment of guilty, and the court did not err in denying .the writ of certiorari. Judgment affirmed.

Broyles, J., not presiding.

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Bluebook (online)

85 S.E. 81, 16 Ga. App. 239, 1915 Ga. App. LEXIS 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-city-of-waycross-gactapp-1915.

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