Garrett v. McIntosh

Supreme Court of Georgia

Garrett v. McIntosh

43 S.E. 260, 116 Ga. 911, 1903 Ga. LEXIS 113

CourtSupreme Court of Georgia

DecidedJanuary 9, 1903

StatusPublished

Cited by3 cases

This text of 43 S.E. 260 (Garrett v. McIntosh) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrett v. McIntosh, 43 S.E. 260, 116 Ga. 911, 1903 Ga. LEXIS 113 (Ga. 1903).

Pincite

Opinion

Simmons, C. J.

The magistrate’s answer to the writ of certiorari sued out in the present case did not verify the statement in the plaintiff’s petition that a verdict and judgment were rendered against him in the court in which the case originated, or disclose what disposition (if any) was made of the case in that court. The judge of the superior court had, therefore, no jurisdiction to sustain the certiorari. Stoner v. Magins, 116 Ga. 797, this term.

Judgment reversed.

All the Justices concurring, except Lumpkin, P. J., absent.

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Simmons, C. J.

The magistrate’s answer to the writ of certiorari sued out in the present case did not verify the statement in the plaintiff’s petition that a verdict and judgment were rendered against him in the court in which the case originated, or disclose what disposition (if any) was made of the case in that court. The judge of the superior court had, therefore, no jurisdiction to sustain the certiorari. Stoner v. Magins, 116 Ga. 797, this term.

Judgment reversed.

All the Justices concurring, except Lumpkin, P. J., absent.

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Bluebook (online)

43 S.E. 260, 116 Ga. 911, 1903 Ga. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-mcintosh-ga-1903.

Opinion

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