Planters Fertilizer Co. v. Smith

Court of Appeals of Georgia

Planters Fertilizer Co. v. Smith

93 S.E. 1018, 21 Ga. App. 167, 1917 Ga. App. LEXIS 497

CourtCourt of Appeals of Georgia

DecidedNovember 1, 1917

Docket8531

StatusPublished

Cited by1 cases

This text of 93 S.E. 1018 (Planters Fertilizer Co. v. Smith) 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

Planters Fertilizer Co. v. Smith, 93 S.E. 1018, 21 Ga. App. 167, 1917 Ga. App. LEXIS 497 (Ga. Ct. App. 1917).

Pincite

Opinion

Luke, J.

1. The making of an oral motion for a new trial in the municipal court of the city of Macon, as provided for by the act of 1913 (Georgia Laws, 1913, p. 252), is a cumulative remedy, and does not defeat the right of certiorari. Johnson v. James, 19 Ga. App. 118 (91 S. E. 220).

2. Eor none of the reasons assigned was it proper to dismiss the writ of certiorari without hearing the merits of the same as shown by the petition and the answer.

Judgment reversed.

Wade, C. J., and Jenkins, J., concur.

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