Roberts v. Citizens Bank

Court of Appeals of Georgia

Roberts v. Citizens Bank

8 S.E.2d 900, 62 Ga. App. 584, 1940 Ga. App. LEXIS 365

CourtCourt of Appeals of Georgia

DecidedMay 14, 1940

Docket28219.

StatusPublished

This text of 8 S.E.2d 900 (Roberts v. Citizens Bank) 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.

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Roberts v. Citizens Bank, 8 S.E.2d 900, 62 Ga. App. 584, 1940 Ga. App. LEXIS 365 (Ga. Ct. App. 1940).

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Opinion

Sutton, J.

“Before a writ of certiorari can properly issue, unless applied for in forma pauperis, it must appear from the record that the bond required by the Civil Code (1910), § 5185 [Code of 1933, § 19-206], has been duly approved by the judicial officer before whom the case was tried in the first instance.” Southeastern Mutual Fire Insurance Co. v. Davison, 25 Ga. App. 83 (102 S. E. 460); Hamilton v. Phenix Insurance Co., 107 Ga. 728 (33 S. E. 705); Dykes v. Twiggs County, 115 Ga. 698 (42 S. E. 36). The certificate of the trial magistrate in the present case, that '“all costs which have accrued on the trial of said case have been paid by petitioner for certiorari, and that such petitioner has given bond and security as required by law,” is not the equivalent or a sufficient substitute for the written approval of the bond required by law; and as an approval of the bond does not otherwise appear from the record, the judge of the superior court properly dismissed the certiorari. Southern Railway Co. v. Oliver, 13 Ga. App. 5 (78 S. E. 684); Lester v. Cone, 16 Ga. App. 571 (85 S. E. 766); Sanford v. Wade, 17 Ga. App. 366 (86 S. E. 945); Souerbry v. Orrell, 26 Ga. App. 369 (106 S. E. 211); Butters Mfg. Co. v. Fraley, 46 Ga. App. 712 (169 S. E. 55).

Judgment affirmed.

Stephens, P. J., and Felton, J., concwr.

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Sutton, J.

“Before a writ of certiorari can properly issue, unless applied for in forma pauperis, it must appear from the record that the bond required by the Civil Code (1910), § 5185 [Code of 1933, § 19-206], has been duly approved by the judicial officer before whom the case was tried in the first instance.” Southeastern Mutual Fire Insurance Co. v. Davison, 25 Ga. App. 83 (102 S. E. 460); Hamilton v. Phenix Insurance Co., 107 Ga. 728 (33 S. E. 705); Dykes v. Twiggs County, 115 Ga. 698 (42 S. E. 36). The certificate of the trial magistrate in the present case, that '“all costs which have accrued on the trial of said case have been paid by petitioner for certiorari, and that such petitioner has given bond and security as required by law,” is not the equivalent or a sufficient substitute for the written approval of the bond required by law; and as an approval of the bond does not otherwise appear from the record, the judge of the superior court properly dismissed the certiorari. Southern Railway Co. v. Oliver, 13 Ga. App. 5 (78 S. E. 684); Lester v. Cone, 16 Ga. App. 571 (85 S. E. 766); Sanford v. Wade, 17 Ga. App. 366 (86 S. E. 945); Souerbry v. Orrell, 26 Ga. App. 369 (106 S. E. 211); Butters Mfg. Co. v. Fraley, 46 Ga. App. 712 (169 S. E. 55).

Judgment affirmed.

Stephens, P. J., and Felton, J., concwr.

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8 S.E.2d 900, 62 Ga. App. 584, 1940 Ga. App. LEXIS 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-citizens-bank-gactapp-1940.

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