Newton v. Mayor of Savannah

Court of Appeals of Georgia

Newton v. Mayor of Savannah

122 S.E. 638, 32 Ga. App. 72, 1924 Ga. App. LEXIS 265

CourtCourt of Appeals of Georgia

DecidedApril 16, 1924

Docket15306

StatusPublished

Cited by1 cases

This text of 122 S.E. 638 (Newton v. Mayor of Savannah) 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

Newton v. Mayor of Savannah, 122 S.E. 638, 32 Ga. App. 72, 1924 Ga. App. LEXIS 265 (Ga. Ct. App. 1924).

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Opinion

Luke, J.

1. “A petition for certiorari to review the judgment of a police or recorder’s court, unless a pauper’s affidavit is made, must affirmatively allege (among other things) that the petitioner has filed with the clerk of that court, if it has a clerk, a bond payable, etc., and conditioned, etc., which has been approved and accepted by said clerk; and there should be attached to the petition a certified copy of the bond, together with a certificate from the clerk of the court that the bond was filed with him and was approved and accepted by him. Unless all these things appear, to wit, the aforesaid allegations in the petition, the certificate of the clerk of the court verifying them, and a certified copy of the bond given, the certiorari should not be sanctioned, and, if sanctioned, should be dismissed on the hearing.” Gillespie v. Mayor &c. of Macon, 19 Ga. App. 1 (90 S. E. 970).

[73]*73Decided April 16, 1924. B. L. Golding, for plaintiff in error.

2. Under the above ruling- the certiorari should have been dismissed, but as the same result was reached by its being overruled, the judgment will not be reversed. Memmler v. State, 75 Ga. 576 (1 a); Kendricks v. Millen, 16 Ga. App. 273 (3) (85 S. E. 264); Flynn v. East Point, 18 Ga. App. 729 (90 S. E. 372).

Judgment affirmed.

Broyles, G. J., and Bloodivorth, J., concur.

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Luke, J.

1. “A petition for certiorari to review the judgment of a police or recorder’s court, unless a pauper’s affidavit is made, must affirmatively allege (among other things) that the petitioner has filed with the clerk of that court, if it has a clerk, a bond payable, etc., and conditioned, etc., which has been approved and accepted by said clerk; and there should be attached to the petition a certified copy of the bond, together with a certificate from the clerk of the court that the bond was filed with him and was approved and accepted by him. Unless all these things appear, to wit, the aforesaid allegations in the petition, the certificate of the clerk of the court verifying them, and a certified copy of the bond given, the certiorari should not be sanctioned, and, if sanctioned, should be dismissed on the hearing.” Gillespie v. Mayor &c. of Macon, 19 Ga. App. 1 (90 S. E. 970).

[73]*73Decided April 16, 1924. B. L. Golding, for plaintiff in error.

2. Under the above ruling- the certiorari should have been dismissed, but as the same result was reached by its being overruled, the judgment will not be reversed. Memmler v. State, 75 Ga. 576 (1 a); Kendricks v. Millen, 16 Ga. App. 273 (3) (85 S. E. 264); Flynn v. East Point, 18 Ga. App. 729 (90 S. E. 372).

Judgment affirmed.

Broyles, G. J., and Bloodivorth, J., concur.

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Bluebook (online)

122 S.E. 638, 32 Ga. App. 72, 1924 Ga. App. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-mayor-of-savannah-gactapp-1924.

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