Dockins v. Wilbanks

Court of Appeals of Georgia

Dockins v. Wilbanks

65 S.E. 689, 6 Ga. App. 680, 1909 Ga. App. LEXIS 422

CourtCourt of Appeals of Georgia

DecidedOctober 5, 1909

Docket1761

StatusPublished

Cited by1 cases

This text of 65 S.E. 689 (Dockins v. Wilbanks) 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

Dockins v. Wilbanks, 65 S.E. 689, 6 Ga. App. 680, 1909 Ga. App. LEXIS 422 (Ga. Ct. App. 1909).

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Opinion

Hill, C. J.

1. Where an overseer of public roads is fined by the commissioners, under whom he serves, for neglect of duty, and he files an affidavit of illegality to the execution of the fine assessed, on the ground that he was never notified of his neglect, nor given any opportunity to render to the commissioners an excuse for such neglect, the burden is upon him to show the truth of these allegations of his affidavit. Civil Code, §5160.

2. The allegations of the petition for certiorari show that the petitioner was not entitled to the writ; and the judge of the superior court did not err in refusing to grant it. . Judgment affirmed.

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Hill, C. J.

1. Where an overseer of public roads is fined by the commissioners, under whom he serves, for neglect of duty, and he files an affidavit of illegality to the execution of the fine assessed, on the ground that he was never notified of his neglect, nor given any opportunity to render to the commissioners an excuse for such neglect, the burden is upon him to show the truth of these allegations of his affidavit. Civil Code, §5160.

2. The allegations of the petition for certiorari show that the petitioner was not entitled to the writ; and the judge of the superior court did not err in refusing to grant it. . Judgment affirmed.

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Bluebook (online)

65 S.E. 689, 6 Ga. App. 680, 1909 Ga. App. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dockins-v-wilbanks-gactapp-1909.

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