International Text Book Co. v. Fiel

Supreme Court of Georgia

International Text Book Co. v. Fiel

54 S.E. 360, 125 Ga. 514, 1906 Ga. LEXIS 213

Supreme Court of Georgia·Decided May 16, 1906·Published·Cited by 2 cases

Opinion

Eish, O. J.

A notice that the defendant in the ease “has applied for and there has been issued a writ of certiorari in said cause, which is returnable,” 'etc., is not a sufficient .compliance with the requirement of the Civil Code, §4644, that notice shall be given of the sanction of the writ of certiorari. Ayer v. Kirkland, 65 Ga. 303; Bryans v. Mabry, 72 Ga. 208; Bunn v. Henderson, 113 Ga. 609.

Judgment affirmed.

All the Justices concur.

Certiorari. Before Judge Pendleton. Fulton superior court. June 19, 1905.

George B. Bush and May son & THU, for plaintiff in error. ■ Bdgar Latham, contra.

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Eish, O. J.

A notice that the defendant in the ease “has applied for and there has been issued a writ of certiorari in said cause, which is returnable,” 'etc., is not a sufficient .compliance with the requirement of the Civil Code, §4644, that notice shall be given of the sanction of the writ of certiorari. Ayer v. Kirkland, 65 Ga. 303; Bryans v. Mabry, 72 Ga. 208; Bunn v. Henderson, 113 Ga. 609.

Judgment affirmed.

All the Justices concur.

Certiorari. Before Judge Pendleton. Fulton superior court. June 19, 1905.

George B. Bush and May son & THU, for plaintiff in error. ■ Bdgar Latham, contra.

International Text Book Co. v. Fiel, 54 S.E. 360, 125 Ga. 514, 1906 Ga. LEXIS 213 (Ga. 1906).

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