Lester v. Cone

Court of Appeals of Georgia

Lester v. Cone

85 S.E. 766, 16 Ga. App. 571, 1915 Ga. App. LEXIS 130

CourtCourt of Appeals of Georgia

DecidedJuly 2, 1915

Docket6193

StatusPublished

Cited by4 cases

This text of 85 S.E. 766 (Lester v. Cone) 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

Lester v. Cone, 85 S.E. 766, 16 Ga. App. 571, 1915 Ga. App. LEXIS 130 (Ga. Ct. App. 1915).

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Opinion

Bboyles, J.

A certiorari bond not approved by the magistrate who tried the case is void. Under the rulings in Southern Ry. Co. v. Oliver, 13 Ga. App. 5 (78 S. E. 684), and Dykes v. Twiggs County, 115 Ga. 698 (42 S. E. 36), the fact that the trial magistrate certifies that “all ' costs have been paid by the petitioner and he has given bond as required by law” is not an equivalent or sufficient substitute for such approval. Accordingly the judge of the superior court did not err in dismissing the certiorari in this ease. Judgment affirmed.

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Bboyles, J.

A certiorari bond not approved by the magistrate who tried the case is void. Under the rulings in Southern Ry. Co. v. Oliver, 13 Ga. App. 5 (78 S. E. 684), and Dykes v. Twiggs County, 115 Ga. 698 (42 S. E. 36), the fact that the trial magistrate certifies that “all ' costs have been paid by the petitioner and he has given bond as required by law” is not an equivalent or sufficient substitute for such approval. Accordingly the judge of the superior court did not err in dismissing the certiorari in this ease. Judgment affirmed.

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Bluebook (online)

85 S.E. 766, 16 Ga. App. 571, 1915 Ga. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lester-v-cone-gactapp-1915.

Opinion

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