Ocilla Oil & Fertilizer Co. v. Durant

Court of Appeals of Georgia

Ocilla Oil & Fertilizer Co. v. Durant

87 S.E. 814, 17 Ga. App. 547, 1916 Ga. App. LEXIS 770

CourtCourt of Appeals of Georgia

DecidedJanuary 28, 1916

Docket6591; 6592

StatusPublished

Cited by1 cases

This text of 87 S.E. 814 (Ocilla Oil & Fertilizer Co. v. Durant) 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.

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Ocilla Oil & Fertilizer Co. v. Durant, 87 S.E. 814, 17 Ga. App. 547, 1916 Ga. App. LEXIS 770 (Ga. Ct. App. 1916).

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Opinion

Broyles, J.

1. It appearing from the certificate of the clerk of the superior court, filed in response to an order from this court, that the billa of exceptions herein were actually filed on May 8th, 1915, and therefore within the time allowed by law, the motion to dismiss is denied.

2. Where, in the trial of a case pending in a justice’s court, issues of fact are involved, certiorari will not lie to review the judgment rendered by the magistrate, but there must be an appeal either to a jury in that court or to the superior court. Benton v. Hynes, 100 Ga. 95 (26 S. E. 469); Toole v. Edmondson, 104 Ga. 776, 780 (31 S. E. 25).

3. In this ease there were disputed questions of fact, and there having been no appeal, the judge of the superior court did not err in overruling the petition for certiorari. Judgment affirmed.

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Broyles, J.

1. It appearing from the certificate of the clerk of the superior court, filed in response to an order from this court, that the billa of exceptions herein were actually filed on May 8th, 1915, and therefore within the time allowed by law, the motion to dismiss is denied.

2. Where, in the trial of a case pending in a justice’s court, issues of fact are involved, certiorari will not lie to review the judgment rendered by the magistrate, but there must be an appeal either to a jury in that court or to the superior court. Benton v. Hynes, 100 Ga. 95 (26 S. E. 469); Toole v. Edmondson, 104 Ga. 776, 780 (31 S. E. 25).

3. In this ease there were disputed questions of fact, and there having been no appeal, the judge of the superior court did not err in overruling the petition for certiorari. Judgment affirmed.

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87 S.E. 814, 17 Ga. App. 547, 1916 Ga. App. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocilla-oil-fertilizer-co-v-durant-gactapp-1916.

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