Johnson v. City of Atlanta

Court of Appeals of Georgia

Johnson v. City of Atlanta

142 S.E. 697, 38 Ga. App. 109, 1928 Ga. App. LEXIS 70

CourtCourt of Appeals of Georgia

DecidedApril 10, 1928

Docket28714

StatusPublished

This text of 142 S.E. 697 (Johnson 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

Johnson v. City of Atlanta, 142 S.E. 697, 38 Ga. App. 109, 1928 Ga. App. LEXIS 70 (Ga. Ct. App. 1928).

Pincite

Opinion

Broyles, C. J.

The plaintiff in error obtained the writ of certiorari to review a judgment of the recorder’s court of the City of Atlanta. The petition for certiorari failed to show the execution of a proper pauper’s affidavit, but it was recited in the petition that “a certiorari bond was also given as required, a copy of which is also hereto annexed and petitioner asks that same be made a part of this petition for certiorari.” However, the copy of the bond attached to the petition was not certified by the clerk of the recorder’s court as being a true copy of the bond given; nor was there attached to the petition a certificate of the clerk showing that the bond was filed with him and had been approved and accepted by him. In view of these defects in the petition, upon the hearing of the certiorari the judge of the superior court did not err in overruling it. Gillespie v. Macon, 19 Ga. App. 1 (90 S. E. 970), and cit.

Judgment affirmed.

Lulce and Bloodworth, JJ., concur.

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Broyles, C. J.

The plaintiff in error obtained the writ of certiorari to review a judgment of the recorder’s court of the City of Atlanta. The petition for certiorari failed to show the execution of a proper pauper’s affidavit, but it was recited in the petition that “a certiorari bond was also given as required, a copy of which is also hereto annexed and petitioner asks that same be made a part of this petition for certiorari.” However, the copy of the bond attached to the petition was not certified by the clerk of the recorder’s court as being a true copy of the bond given; nor was there attached to the petition a certificate of the clerk showing that the bond was filed with him and had been approved and accepted by him. In view of these defects in the petition, upon the hearing of the certiorari the judge of the superior court did not err in overruling it. Gillespie v. Macon, 19 Ga. App. 1 (90 S. E. 970), and cit.

Judgment affirmed.

Lulce and Bloodworth, JJ., concur.

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Bluebook (online)

142 S.E. 697, 38 Ga. App. 109, 1928 Ga. App. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-city-of-atlanta-gactapp-1928.

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