Hanlon v. City of Atlanta

Court of Appeals of Georgia

Hanlon v. City of Atlanta

65 S.E. 815, 6 Ga. App. 786, 1909 Ga. App. LEXIS 468

CourtCourt of Appeals of Georgia

DecidedOctober 13, 1909

Docket2069

StatusPublished

Cited by1 cases

This text of 65 S.E. 815 (Hanlon v. City of Atlanta) 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

Hanlon v. City of Atlanta, 65 S.E. 815, 6 Ga. App. 786, 1909 Ga. App. LEXIS 468 (Ga. Ct. App. 1909).

Pincite

Opinion

Hill, C. J.

A petition for certiorari which is not sanctioned by the judge of the superior court is no part of the record in the case to which it relates, and' can not be transmitted to this court as such. In order to have the petition for certiorari before this court, so that a refusal to sanction it may be reviewed, it must be incorporated in the bill of exceptions, either as a whole or in substance, or be attached thereto as'an exhibit, and be verified by the certificate of the judge to the bill of exceptions. The judge who refuses to sanction the petition for certiorari has no authority to verify it, unless it is mad'e a part of the bill of exceptions; and especially is this true where siich verification is attempted after he has signed and certified the bill of exceptions.

Writ of error dismissed.

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Hill, C. J.

A petition for certiorari which is not sanctioned by the judge of the superior court is no part of the record in the case to which it relates, and' can not be transmitted to this court as such. In order to have the petition for certiorari before this court, so that a refusal to sanction it may be reviewed, it must be incorporated in the bill of exceptions, either as a whole or in substance, or be attached thereto as'an exhibit, and be verified by the certificate of the judge to the bill of exceptions. The judge who refuses to sanction the petition for certiorari has no authority to verify it, unless it is mad'e a part of the bill of exceptions; and especially is this true where siich verification is attempted after he has signed and certified the bill of exceptions.

Writ of error dismissed.

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Bluebook (online)

65 S.E. 815, 6 Ga. App. 786, 1909 Ga. App. LEXIS 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanlon-v-city-of-atlanta-gactapp-1909.

Opinion

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