Payne v. Manhattan Fruit & Produce Co.

Court of Appeals of Georgia

Payne v. Manhattan Fruit & Produce Co.

108 S.E. 473, 27 Ga. App. 382, 1921 Ga. App. LEXIS 913

CourtCourt of Appeals of Georgia

DecidedSeptember 27, 1921

Docket11972

StatusPublished

This text of 108 S.E. 473 (Payne v. Manhattan Fruit & Produce Co.) 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

Payne v. Manhattan Fruit & Produce Co., 108 S.E. 473, 27 Ga. App. 382, 1921 Ga. App. LEXIS 913 (Ga. Ct. App. 1921).

Pincite

Opinion

Stephens, J.

Since a void petition for certiorari can not, after it lias, been dismissed, be renewed under section 4381 of the Civil Code (1910), providing for the renewal of suits within six months after dismissal, and since it appears from the record that the petition for certiorari in the present case was a renewal of one which had been adjudicated as void for the want of a valid bond and dismissed on that ground, the trial judge did not err in refusing to sustain the certiorari.

Judgment affirmed.

Jenkins, P. J., and Rill, J., concur.

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Stephens, J.

Since a void petition for certiorari can not, after it lias, been dismissed, be renewed under section 4381 of the Civil Code (1910), providing for the renewal of suits within six months after dismissal, and since it appears from the record that the petition for certiorari in the present case was a renewal of one which had been adjudicated as void for the want of a valid bond and dismissed on that ground, the trial judge did not err in refusing to sustain the certiorari.

Judgment affirmed.

Jenkins, P. J., and Rill, J., concur.

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Bluebook (online)

108 S.E. 473, 27 Ga. App. 382, 1921 Ga. App. LEXIS 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-manhattan-fruit-produce-co-gactapp-1921.