Grimsley v. Morgan

Court of Appeals of Georgia

Grimsley v. Morgan

170 S.E. 91, 47 Ga. App. 183, 1933 Ga. App. LEXIS 332

CourtCourt of Appeals of Georgia

DecidedJuly 6, 1933

Docket22950

StatusPublished

This text of 170 S.E. 91 (Grimsley v. Morgan) 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

Grimsley v. Morgan, 170 S.E. 91, 47 Ga. App. 183, 1933 Ga. App. LEXIS 332 (Ga. Ct. App. 1933).

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Opinion

Broyles, C. J.

1. “The proceeding authorized by the Political Code [of 1895], § 272 [Civil Code of 1910, § 307], for the purpose of compelling the delivery of books, papers, or other property, as required by the three preceding sections [sections 304, 305, and 306 of the Civil Code of 1910], is not, when instituted before a judge of the superior court, a proceeding in any superior court; and consequently no order passed by such officer upon such a proceeding is reviewable by a writ of error to the Supreme Court.” Albea v. Watts, 114 Ga. 149 (39 S. E. 940). See also Steinheimer v. Jones, 114 Ga. 349 (40 S. E. 241). The case of Ross v. Williamson, 44 Ga. 501 (where a similar proceeding was reviewed by the Supreme Court), was decided prior to the adoption of the constitution of 1877, and that decision has not since been followed by the Supreme Court or this court.

2. Applying the foregoing rulings to the facts of the instant case, the writ of error must be and is

Dismissed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

1. “The proceeding authorized by the Political Code [of 1895], § 272 [Civil Code of 1910, § 307], for the purpose of compelling the delivery of books, papers, or other property, as required by the three preceding sections [sections 304, 305, and 306 of the Civil Code of 1910], is not, when instituted before a judge of the superior court, a proceeding in any superior court; and consequently no order passed by such officer upon such a proceeding is reviewable by a writ of error to the Supreme Court.” Albea v. Watts, 114 Ga. 149 (39 S. E. 940). See also Steinheimer v. Jones, 114 Ga. 349 (40 S. E. 241). The case of Ross v. Williamson, 44 Ga. 501 (where a similar proceeding was reviewed by the Supreme Court), was decided prior to the adoption of the constitution of 1877, and that decision has not since been followed by the Supreme Court or this court.

2. Applying the foregoing rulings to the facts of the instant case, the writ of error must be and is

Dismissed.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)

170 S.E. 91, 47 Ga. App. 183, 1933 Ga. App. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimsley-v-morgan-gactapp-1933.

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