McLeod v. Faircloth Bros.

Court of Appeals of Georgia

McLeod v. Faircloth Bros.

62 S.E. 95, 4 Ga. App. 620, 1908 Ga. App. LEXIS 490

CourtCourt of Appeals of Georgia

DecidedJuly 31, 1908

Docket1099

StatusPublished

This text of 62 S.E. 95 (McLeod v. Faircloth Bros.) 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

McLeod v. Faircloth Bros., 62 S.E. 95, 4 Ga. App. 620, 1908 Ga. App. LEXIS 490 (Ga. Ct. App. 1908).

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Opinion

Hill, C. J.

Section 4644 of the Civil Code requires that “the plaintiff in certiorari shall cause written notice to be given to the opposite party in interest, his agent or attorney, of the sanction of the writ of certiorari, and also the time and place of hearing, at least ten days before the sitting of the court to which the same shall be returnable.” This requirement of the statute was not complied with, and no reason was shown for a failure to comply therewith. Consequently the judgment dismissing the certiorari, on motion of the defendant in certiorari, must be affirmed. Johnson v. State, 2 Ga. App. 182 (58 S. E. 415), and decisions of the Supreme Court therein cited. Judgment affirmed.

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Hill, C. J.

Section 4644 of the Civil Code requires that “the plaintiff in certiorari shall cause written notice to be given to the opposite party in interest, his agent or attorney, of the sanction of the writ of certiorari, and also the time and place of hearing, at least ten days before the sitting of the court to which the same shall be returnable.” This requirement of the statute was not complied with, and no reason was shown for a failure to comply therewith. Consequently the judgment dismissing the certiorari, on motion of the defendant in certiorari, must be affirmed. Johnson v. State, 2 Ga. App. 182 (58 S. E. 415), and decisions of the Supreme Court therein cited. Judgment affirmed.

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Bluebook (online)

62 S.E. 95, 4 Ga. App. 620, 1908 Ga. App. LEXIS 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcleod-v-faircloth-bros-gactapp-1908.

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