Hobgood v. Mitchell

Court of Appeals of Georgia

Hobgood v. Mitchell

169 S.E.2d 173, 119 Ga. App. 827, 1969 Ga. App. LEXIS 1267

CourtCourt of Appeals of Georgia

DecidedJune 18, 1969

Docket44510

StatusPublished

Cited by3 cases

This text of 169 S.E.2d 173 (Hobgood v. Mitchell) 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

Hobgood v. Mitchell, 169 S.E.2d 173, 119 Ga. App. 827, 1969 Ga. App. LEXIS 1267 (Ga. Ct. App. 1969).

Pincite

Opinion

Hall, Judge.

The plaintiff filed a notice of appeal from a judgment of the superior court overruling his motion to dismiss the defendant’s appeal to that court from a judgment of a justice of the peace court. The judgment which is appealed to this court left the case pending in the trial court, and the trial court did not certify that immediate review should be had as required by law. Ga. L. 1968, pp. 1072, 1073. The appeal is therefore premature and must be dismissed. Rockmart Finance Co. v. High, 118 Ga. App. 351 (163 SE2d 758).

An able jurist, Justice Sam Erwin of the Supreme Court of North Carolina, later elected to the United States Senate, equates the mandate of the Magna Carta, “To no one will we deny justice, to no one will we delay it” with the law’s policy against piecemeal appellate review: “There is no more effective way to procrastinate the administration of justice than that of bringing cases to an appellate court piecemeal through the medium of successive appeals from intermediate orders.” Veasey v. City of Durham, 231 N. C. 357, 363 (57 SE2d 377).

Appeal dismissed.

Jordan, P. concurs. Whitman, J., concurs in the judgment.

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Hall, Judge.

The plaintiff filed a notice of appeal from a judgment of the superior court overruling his motion to dismiss the defendant’s appeal to that court from a judgment of a justice of the peace court. The judgment which is appealed to this court left the case pending in the trial court, and the trial court did not certify that immediate review should be had as required by law. Ga. L. 1968, pp. 1072, 1073. The appeal is therefore premature and must be dismissed. Rockmart Finance Co. v. High, 118 Ga. App. 351 (163 SE2d 758).

An able jurist, Justice Sam Erwin of the Supreme Court of North Carolina, later elected to the United States Senate, equates the mandate of the Magna Carta, “To no one will we deny justice, to no one will we delay it” with the law’s policy against piecemeal appellate review: “There is no more effective way to procrastinate the administration of justice than that of bringing cases to an appellate court piecemeal through the medium of successive appeals from intermediate orders.” Veasey v. City of Durham, 231 N. C. 357, 363 (57 SE2d 377).

Appeal dismissed.

Jordan, P. concurs. Whitman, J., concurs in the judgment.

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Bluebook (online)

169 S.E.2d 173, 119 Ga. App. 827, 1969 Ga. App. LEXIS 1267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hobgood-v-mitchell-gactapp-1969.

Opinion

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