Hathaway v. City of Atlanta

Court of Appeals of Georgia

Hathaway v. City of Atlanta

77 S.E. 916, 12 Ga. App. 648, 1913 Ga. App. LEXIS 682

CourtCourt of Appeals of Georgia

DecidedApril 16, 1913

Docket4737

StatusPublished

This text of 77 S.E. 916 (Hathaway 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.

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Hathaway v. City of Atlanta, 77 S.E. 916, 12 Ga. App. 648, 1913 Ga. App. LEXIS 682 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

1. According to the answer of the magistrate, the defendant made no motion for a continuance; and, since he appeared in response to the notice directing him to appear before the court, and entered fully into his defense to the charge preferred against him, the defects ■ in the' form of the notice or summons were thereby waived as immaterial circumstances. Mayson v. Atlanta, 77 Ga. 662.

2j The evidence was sufficient to support the conviction of the accused, and the judge of the superior court did not err in overruling the certiorari. Judgment affirmed.

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Russell, J.

1. According to the answer of the magistrate, the defendant made no motion for a continuance; and, since he appeared in response to the notice directing him to appear before the court, and entered fully into his defense to the charge preferred against him, the defects ■ in the' form of the notice or summons were thereby waived as immaterial circumstances. Mayson v. Atlanta, 77 Ga. 662.

2j The evidence was sufficient to support the conviction of the accused, and the judge of the superior court did not err in overruling the certiorari. Judgment affirmed.

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Bluebook (online)

77 S.E. 916, 12 Ga. App. 648, 1913 Ga. App. LEXIS 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hathaway-v-city-of-atlanta-gactapp-1913.

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