McGovern v. Trammell

Court of Appeals of Georgia

McGovern v. Trammell

82 S.E. 318, 14 Ga. App. 754, 1914 Ga. App. LEXIS 440

CourtCourt of Appeals of Georgia

DecidedJuly 7, 1914

Docket5661

StatusPublished

Cited by2 cases

This text of 82 S.E. 318 (McGovern v. Trammell) 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

McGovern v. Trammell, 82 S.E. 318, 14 Ga. App. 754, 1914 Ga. App. LEXIS 440 (Ga. Ct. App. 1914).

Pincite

Opinion

Russell, C. J.

“In order for this court to review a refusal of a judge of the superior court to sanction a petition for certiorari, the petition must be incorporated in the bill of exceptions, or be verified as a part thereof by the trial judge; an unsanctioned petition can not be specified as a part of the record.” Taylor v. Town of Omega, 12 Ga. App. 693 (78 S. E. 144), and citations. A petition for certiorari does not become a part of the record, so as to be lawfully filed, until it is sanctioned. Elsas v. Clay, 67 Ga. 327; James v. Davis, 76 Ga. 100; Wilks v. Smith, 101 Ga. 229 (28 S. E. 630). The filing of an unsanctioned petition for certiorari not being authorized by law, an entry of filing upon such a petition does not so authenticate the paper as to dispense with the necessity for having the paper verified by the judge himself.

Writ of error dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, C. J.

“In order for this court to review a refusal of a judge of the superior court to sanction a petition for certiorari, the petition must be incorporated in the bill of exceptions, or be verified as a part thereof by the trial judge; an unsanctioned petition can not be specified as a part of the record.” Taylor v. Town of Omega, 12 Ga. App. 693 (78 S. E. 144), and citations. A petition for certiorari does not become a part of the record, so as to be lawfully filed, until it is sanctioned. Elsas v. Clay, 67 Ga. 327; James v. Davis, 76 Ga. 100; Wilks v. Smith, 101 Ga. 229 (28 S. E. 630). The filing of an unsanctioned petition for certiorari not being authorized by law, an entry of filing upon such a petition does not so authenticate the paper as to dispense with the necessity for having the paper verified by the judge himself.

Writ of error dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

82 S.E. 318, 14 Ga. App. 754, 1914 Ga. App. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgovern-v-trammell-gactapp-1914.

Opinion

Related

Cite This Page — Counsel Stack