Peak v. Simmons

Supreme Court of Georgia

Peak v. Simmons

45 S.E. 698, 119 Ga. 63, 1903 Ga. LEXIS 29

CourtSupreme Court of Georgia

DecidedNovember 16, 1903

StatusPublished

Cited by1 cases

This text of 45 S.E. 698 (Peak v. Simmons) 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

Peak v. Simmons, 45 S.E. 698, 119 Ga. 63, 1903 Ga. LEXIS 29 (Ga. 1903).

Pincite

Opinion

Simmons, C. J.

Where exception is taken to a judgment overruling a certiorari from a justice’s court in a case in which the decision of that court turned on the question of the priority of certain contesting liens, and the record fails to show the dates of the liens, the dates being material, this court must affirm the judgment, since it can not be determined whether the decision in the justice’s court was erroneous or correct, or whether the error, if any was committed, was material or injured the plaintiff in error.

Judgment affirmed.

All the Justices concur.

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Simmons, C. J.

Where exception is taken to a judgment overruling a certiorari from a justice’s court in a case in which the decision of that court turned on the question of the priority of certain contesting liens, and the record fails to show the dates of the liens, the dates being material, this court must affirm the judgment, since it can not be determined whether the decision in the justice’s court was erroneous or correct, or whether the error, if any was committed, was material or injured the plaintiff in error.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

45 S.E. 698, 119 Ga. 63, 1903 Ga. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peak-v-simmons-ga-1903.

Opinion

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