Patterson v. Central of Georgia Railway Co.

Supreme Court of Georgia

Patterson v. Central of Georgia Railway Co.

45 S.E. 250, 117 Ga. 827, 1903 Ga. LEXIS 355

CourtSupreme Court of Georgia

DecidedJune 27, 1903

StatusPublished

Cited by12 cases

This text of 45 S.E. 250 (Patterson v. Central of Georgia Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Patterson v. Central of Georgia Railway Co., 45 S.E. 250, 117 Ga. 827, 1903 Ga. LEXIS 355 (Ga. 1903).

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Opinion

Pish, J.

When the final determination of a case tried in a justice’s court, and carried by certiorari to the superior court, does not depend upon any controlling question of law, and there are issues of fact involved, the superior court has no authority to render a final judgment therein, although it may clearly appear from the facts disclosed by the record that the verdict rendered in the lower court was without evidence to support it. Civil Code, § 4652 ; Bryan v. Central of Georgia Railway Co., this day decided. This is true though a former certiorari in the same case, complaining of a similar verdict, may have been sustained. When it is proper so to do, the superior court may remand the case to the justice’s court with instruction.

Judgmemt reversed.

All the Justices concur.

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Pish, J.

When the final determination of a case tried in a justice’s court, and carried by certiorari to the superior court, does not depend upon any controlling question of law, and there are issues of fact involved, the superior court has no authority to render a final judgment therein, although it may clearly appear from the facts disclosed by the record that the verdict rendered in the lower court was without evidence to support it. Civil Code, § 4652 ; Bryan v. Central of Georgia Railway Co., this day decided. This is true though a former certiorari in the same case, complaining of a similar verdict, may have been sustained. When it is proper so to do, the superior court may remand the case to the justice’s court with instruction.

Judgmemt reversed.

All the Justices concur.

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Bluebook (online)

45 S.E. 250, 117 Ga. 827, 1903 Ga. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-central-of-georgia-railway-co-ga-1903.

Opinion

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