Planters Fertilizer Co. v. Smith

93 S.E. 1018, 21 Ga. App. 167, 1917 Ga. App. LEXIS 497
Court of Appeals of Georgia·Decided November 1, 1917·No. 8531·Published·Cited by 1 cases

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

93 S.E. 1018 (Planters Fertilizer Co. v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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