Roberts v. Selman
This text of 128 S.E. 694 (Roberts v. Selman) 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.
Opinion
The pauper’s affidavit made to obtain the writ of certiorari should allege that owing to his poverty the affiant is unable to give the required security; and where the allegation is merely that the affiant “is unable to give the security, as required by law,” the writ of certiorari (if issued) is void, the affidavit not being amendable, and the certiorari proceedings should be dismissed. Civil Code (1910), § 5187; Hackett v. Tate, 18 Ga. App. 453 (89 S. E. 535), and citations; Belk v. Cannon, 19 Ga. App. 487 (2) (91 S. E. 790), and citation.
Judgment affirmed.
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Cite This Page — Counsel Stack
128 S.E. 694, 34 Ga. App. 171, 1925 Ga. App. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-selman-gactapp-1925.