Holcombe v. City of Atlanta

Court of Appeals of Georgia

Holcombe v. City of Atlanta

89 S.E. 379, 18 Ga. App. 312, 1916 Ga. App. LEXIS 322

CourtCourt of Appeals of Georgia

DecidedJune 27, 1916

Docket7455

StatusPublished

Cited by1 cases

This text of 89 S.E. 379 (Holcombe 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

Holcombe v. City of Atlanta, 89 S.E. 379, 18 Ga. App. 312, 1916 Ga. App. LEXIS 322 (Ga. Ct. App. 1916).

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Opinion

Hodges, J.

Plaintiff in error was charged with “violating section 1489 of the City Code of Atlanta of 1910.” The petition for certiorari does not set forth the ordinance referred to, and the record does not show what the ordinance inhibited. Courts other than the municipal court can not take judicial cognizance of a municipal ordinance; and for the Court of Appeals to pass intelligently upon this case the ordinance should be in the record. Hill v. City of Atlanta, 125 Ga. 697 (54 S. E. 354). This court will assume, from the failure to have the ordinance in the record, that the recorder of the city did his duty in finding the accused guilty; and the judgment overruling the certiorari is Affirmed.

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Hodges, J.

Plaintiff in error was charged with “violating section 1489 of the City Code of Atlanta of 1910.” The petition for certiorari does not set forth the ordinance referred to, and the record does not show what the ordinance inhibited. Courts other than the municipal court can not take judicial cognizance of a municipal ordinance; and for the Court of Appeals to pass intelligently upon this case the ordinance should be in the record. Hill v. City of Atlanta, 125 Ga. 697 (54 S. E. 354). This court will assume, from the failure to have the ordinance in the record, that the recorder of the city did his duty in finding the accused guilty; and the judgment overruling the certiorari is Affirmed.

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Bluebook (online)

89 S.E. 379, 18 Ga. App. 312, 1916 Ga. App. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holcombe-v-city-of-atlanta-gactapp-1916.

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