Dawson v. City of Glennville

Court of Appeals of Georgia

Dawson v. City of Glennville

85 S.E. 82, 16 Ga. App. 249, 1915 Ga. App. LEXIS 565

CourtCourt of Appeals of Georgia

DecidedMay 3, 1915

Docket6189

StatusPublished

This text of 85 S.E. 82 (Dawson v. City of Glennville) 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

Dawson v. City of Glennville, 85 S.E. 82, 16 Ga. App. 249, 1915 Ga. App. LEXIS 565 (Ga. Ct. App. 1915).

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Opinion

Broyles, J. 1. Under section 4852 of the Civil Code, a judge of the superior court has the power to hear and. determine a certiorari in vacation as well as in term time, without any order passed in term time.

2. One who at the hearing of a certiorari consents that the presiding judge may reserve his decision until vacation will not be heard to complain that he did not receive notice of the time and place of the judge’s decision in the ease. After having consented to the rendition of the judgment in vacation, the duty rested upon him of ascertaining the result of the case.

3. Upon the trial of one charged with a violation of a city ordinance prohibiting the carrying of spirituous liquors for unlawful sale, proof that the accused received money from another person, accompanied by a request to procure whisky for the latter, and that the accused went off [250]*250and returned and delivered two bottles of whisky to that person, would authorize the inference that the accused sold the whisky, and that he wa,s keeping it for sale. This inference is not rebutted by the uncorroborated statement of the accused that he had bought the whisky from another person and paid him for it. Bray v. Commerce, 5 Ga. App. 605 (63 S. E. 596) ; Langston v. Bazlehurst, 9 Ga. App. 449 (71 S. E. 592) ; Simpson v. Eastman, 16 Ga. App. 185 (84 S. E. 721), and cases therein cited.

4. The evidence authorized the verdict, and the judge of the superior court did not err in overruling the certiorari. Judgment affirmed.

Decided May 3, 1915.

Certiorari; from Tattnall superior court — Judge Sheppard. October 28, 1914.

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Broyles, J. 1. Under section 4852 of the Civil Code, a judge of the superior court has the power to hear and. determine a certiorari in vacation as well as in term time, without any order passed in term time.

2. One who at the hearing of a certiorari consents that the presiding judge may reserve his decision until vacation will not be heard to complain that he did not receive notice of the time and place of the judge’s decision in the ease. After having consented to the rendition of the judgment in vacation, the duty rested upon him of ascertaining the result of the case.

3. Upon the trial of one charged with a violation of a city ordinance prohibiting the carrying of spirituous liquors for unlawful sale, proof that the accused received money from another person, accompanied by a request to procure whisky for the latter, and that the accused went off [250]*250and returned and delivered two bottles of whisky to that person, would authorize the inference that the accused sold the whisky, and that he wa,s keeping it for sale. This inference is not rebutted by the uncorroborated statement of the accused that he had bought the whisky from another person and paid him for it. Bray v. Commerce, 5 Ga. App. 605 (63 S. E. 596) ; Langston v. Bazlehurst, 9 Ga. App. 449 (71 S. E. 592) ; Simpson v. Eastman, 16 Ga. App. 185 (84 S. E. 721), and cases therein cited.

4. The evidence authorized the verdict, and the judge of the superior court did not err in overruling the certiorari. Judgment affirmed.

Decided May 3, 1915.

Certiorari; from Tattnall superior court — Judge Sheppard. October 28, 1914.

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Bluebook (online)

85 S.E. 82, 16 Ga. App. 249, 1915 Ga. App. LEXIS 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawson-v-city-of-glennville-gactapp-1915.

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