Leary v. Rovalis

Court of Appeals of Georgia

Leary v. Rovalis

164 S.E. 902, 45 Ga. App. 414, 1932 Ga. App. LEXIS 346

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1932

Docket21855

StatusPublished

This text of 164 S.E. 902 (Leary v. Rovalis) 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

Leary v. Rovalis, 164 S.E. 902, 45 Ga. App. 414, 1932 Ga. App. LEXIS 346 (Ga. Ct. App. 1932).

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Opinion

Jenkins, P. J.

The exception in the instant ease is to the refusal of the judge of the superior court to sanction a petition for certiorari. The petition recites that a judgment was rendered against the petitioner by the trial judge in the municipal court of Savannah on March 26, 1931; that thereafter a motion for a new trial was made by petition, which was overruled before the full bench of said municipal court on June 5, 1931. The grounds of the motion for a new trial are not set forth. The petition for certiorari was presented and sanction refused on July 3, 1931. Held: Since the petition for certiorari, in so far as it sought to review

the judgment of the trial judge in the municipal court, came too late, not having been presented within thirty days from the date of such judgment, and in so far as it sought to review the judgment of the municipal court denying a new trial it presented nothing for consideration, the grounds of the motion for new trial nowhere appearing from the petition for certiorari. The judge of the superior court properly refused to sanction the petition. Reese v. Miller, 33 Ga. App. 442 (126 S. E. 904) ; Columbia Bldg. & Loan Asso. v. Roberts, 44 Ga. App. 314 (161 S. E. 291). Judgment affirmed.

Stephens and Sutton, JJ., concur.

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Jenkins, P. J.

The exception in the instant ease is to the refusal of the judge of the superior court to sanction a petition for certiorari. The petition recites that a judgment was rendered against the petitioner by the trial judge in the municipal court of Savannah on March 26, 1931; that thereafter a motion for a new trial was made by petition, which was overruled before the full bench of said municipal court on June 5, 1931. The grounds of the motion for a new trial are not set forth. The petition for certiorari was presented and sanction refused on July 3, 1931. Held: Since the petition for certiorari, in so far as it sought to review

the judgment of the trial judge in the municipal court, came too late, not having been presented within thirty days from the date of such judgment, and in so far as it sought to review the judgment of the municipal court denying a new trial it presented nothing for consideration, the grounds of the motion for new trial nowhere appearing from the petition for certiorari. The judge of the superior court properly refused to sanction the petition. Reese v. Miller, 33 Ga. App. 442 (126 S. E. 904) ; Columbia Bldg. & Loan Asso. v. Roberts, 44 Ga. App. 314 (161 S. E. 291). Judgment affirmed.

Stephens and Sutton, JJ., concur.

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Bluebook (online)

164 S.E. 902, 45 Ga. App. 414, 1932 Ga. App. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leary-v-rovalis-gactapp-1932.

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