Ratcliff v. Smith

Court of Appeals of Georgia

Ratcliff v. Smith

58 S.E. 518, 2 Ga. App. 346, 1907 Ga. App. LEXIS 362

CourtCourt of Appeals of Georgia

DecidedJuly 18, 1907

Docket323

StatusPublished

This text of 58 S.E. 518 (Ratcliff 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

Ratcliff v. Smith, 58 S.E. 518, 2 Ga. App. 346, 1907 Ga. App. LEXIS 362 (Ga. Ct. App. 1907).

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Opinion

Hill, C. J.

Where a petition for certiorari alleged that a trial was had,, before road commissioners, of the petitioner, charging him with being-a road defaulter, and a judgment rendered fining him $3 as such defaulter, and the answer to the writ of certiorari did not verify the statement that a judgment was rendered against him by said road commissioners, or disclose what disposition was made of the ease by them,, and no exception was taken so as to require the commissioners to answer more fully, so as to verify the allegation as to the rendition of the judgment complained of, this court can not reverse a judgment of the superior court overruling the certiorari. Landrum v. Moss, 1 Ga. App. 216, 57 S. E. 965; Stoner v. Magins, 116 Ga. 797, 43 S. E. 45; Manning v. Gainesville, 125 Ga. 239, 53 S. E. 1002; Jessey v Dean, 122 Ga. 371, 50 S. E. 139. Judgment affirmed.

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Hill, C. J.

Where a petition for certiorari alleged that a trial was had,, before road commissioners, of the petitioner, charging him with being-a road defaulter, and a judgment rendered fining him $3 as such defaulter, and the answer to the writ of certiorari did not verify the statement that a judgment was rendered against him by said road commissioners, or disclose what disposition was made of the ease by them,, and no exception was taken so as to require the commissioners to answer more fully, so as to verify the allegation as to the rendition of the judgment complained of, this court can not reverse a judgment of the superior court overruling the certiorari. Landrum v. Moss, 1 Ga. App. 216, 57 S. E. 965; Stoner v. Magins, 116 Ga. 797, 43 S. E. 45; Manning v. Gainesville, 125 Ga. 239, 53 S. E. 1002; Jessey v Dean, 122 Ga. 371, 50 S. E. 139. Judgment affirmed.

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Bluebook (online)

58 S.E. 518, 2 Ga. App. 346, 1907 Ga. App. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ratcliff-v-smith-gactapp-1907.

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