Fanning v. Mayor of Washington

Court of Appeals of Georgia

Fanning v. Mayor of Washington

86 S.E. 733, 17 Ga. App. 335, 1915 Ga. App. LEXIS 400

CourtCourt of Appeals of Georgia

DecidedOctober 29, 1915

Docket6859

StatusPublished

This text of 86 S.E. 733 (Fanning v. Mayor of Washington) 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.

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Fanning v. Mayor of Washington, 86 S.E. 733, 17 Ga. App. 335, 1915 Ga. App. LEXIS 400 (Ga. Ct. App. 1915).

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Opinion

Broyles, J.

1. The only point raised by the plaintiff in error in this case that is insisted upon in the brief of his counsel is that the ordinance under which he was convicted is invalid. If the ordinance is invalid, it follows that the judgment of guilty is not merely irregular or erroneous, but is absolutely void. This point, therefore, will not be considered; “for certiorari lies, not to correct that which is void, but only that which is irregular or erroneous.” Sawyer v. Blakely, 2 Ga. App. 159 (3), 161 (58 S. E. 399), and cases therein cited; Simpkins v. Hester, 3 Ga. App. 160 (3) (59 S. E. 322); Robertson v. Russell, 13 Ga. App. 27 (78 S. E. 682).

2. The judge of the superior court did not err in overruling the certiorari.

Judgment affirmed.

Certiorari; from "Wilkes superior court — Judge Walker. August 5, 1915.

Colley & Colley, W. A. Slaton, for plaintiff in error. F. W. Gilbert, contra.

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Broyles, J.

1. The only point raised by the plaintiff in error in this case that is insisted upon in the brief of his counsel is that the ordinance under which he was convicted is invalid. If the ordinance is invalid, it follows that the judgment of guilty is not merely irregular or erroneous, but is absolutely void. This point, therefore, will not be considered; “for certiorari lies, not to correct that which is void, but only that which is irregular or erroneous.” Sawyer v. Blakely, 2 Ga. App. 159 (3), 161 (58 S. E. 399), and cases therein cited; Simpkins v. Hester, 3 Ga. App. 160 (3) (59 S. E. 322); Robertson v. Russell, 13 Ga. App. 27 (78 S. E. 682).

2. The judge of the superior court did not err in overruling the certiorari.

Judgment affirmed.

Certiorari; from "Wilkes superior court — Judge Walker. August 5, 1915.

Colley & Colley, W. A. Slaton, for plaintiff in error. F. W. Gilbert, contra.

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Bluebook (online)

86 S.E. 733, 17 Ga. App. 335, 1915 Ga. App. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fanning-v-mayor-of-washington-gactapp-1915.

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