Hollingsworth v. City of College Park

Court of Appeals of Georgia

Hollingsworth v. City of College Park

86 S.E. 945, 17 Ga. App. 372, 1915 Ga. App. LEXIS 424

CourtCourt of Appeals of Georgia

DecidedNovember 19, 1915

Docket6847

StatusPublished

Cited by3 cases

This text of 86 S.E. 945 (Hollingsworth v. City of College Park) 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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Hollingsworth v. City of College Park, 86 S.E. 945, 17 Ga. App. 372, 1915 Ga. App. LEXIS 424 (Ga. Ct. App. 1915).

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Opinion

Broyles, J.

“In order for this court to review a refusal to sanction a petition for certiorari, the petition must be incorporated in the bill of exceptions or otherwise verified as a part thereof by the trial judge; an unsanctioned petition can not be specified as part of the record.” Hall v. State, 2 Ga. App. 437 (58 S. E. 558), and cases cited. In this case the petition for certiorari is not incorporated in the bill of exceptions, and the bill of exceptions does not state or indicate that the petition for certiorari is attached to it as an exhibit, but merely “ specifies” it as material to a clear understanding of the errors assigned; and in the judge’s certificate to the bill of exceptions the clerk of the superior court is ordered to “send up the original petition for the writ of certiorari.” This court can not consider, as a part of this bill of exceptions or of the record, a paper which is attached to the bill of exceptions and which follows the judge’s certificate, though it bears the endorsement .“considered and denied,” signed by the judge of the superior court. The writ of error, therefore, must be Dismissed.

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Broyles, J.

“In order for this court to review a refusal to sanction a petition for certiorari, the petition must be incorporated in the bill of exceptions or otherwise verified as a part thereof by the trial judge; an unsanctioned petition can not be specified as part of the record.” Hall v. State, 2 Ga. App. 437 (58 S. E. 558), and cases cited. In this case the petition for certiorari is not incorporated in the bill of exceptions, and the bill of exceptions does not state or indicate that the petition for certiorari is attached to it as an exhibit, but merely “ specifies” it as material to a clear understanding of the errors assigned; and in the judge’s certificate to the bill of exceptions the clerk of the superior court is ordered to “send up the original petition for the writ of certiorari.” This court can not consider, as a part of this bill of exceptions or of the record, a paper which is attached to the bill of exceptions and which follows the judge’s certificate, though it bears the endorsement .“considered and denied,” signed by the judge of the superior court. The writ of error, therefore, must be Dismissed.

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Bluebook (online)

86 S.E. 945, 17 Ga. App. 372, 1915 Ga. App. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollingsworth-v-city-of-college-park-gactapp-1915.

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