Georgia Southern & Florida Railway Co. v. Goodman

62 S.E. 97, 4 Ga. App. 631, 1908 Ga. App. LEXIS 494

• Court: Court of Appeals of Georgia
• Decided: July 31, 1908
• Docket: 1157
• Status: Published

Opinion

Powell, J.

It is essential to tlie maintenance of a certiorari from a justice’s court that the answer should show ‘that there has been a final judgment or verdict rendered; but this fact may properly appear either in the answer, in the form of a direct statement, or in any other way which will sufficiently verify it. Where, as a part of the answer, the justice sends up a certified copy of the proceedings in the court below, and a final verdict or judgment appears therein, this is a .sufficient verification of the existence of such judgment or verdict. Landrum v. Moss, 1 Ga. App. 216 (57 S. E. 965); Brown v. Atlanta, 123 Ga. 499 (51 S. E. 507). Judgment reversed.

Certiorari, from Berrien superior court — Judge Mitchell. March 25, 1908.

Submitted July 2, Decided July 31, 1908. Buie & Knight, for plaintiff in error. J. W. Powell, Watts Powell, contra.