Robinson v. Bacon

Court of Appeals of Georgia

Robinson v. Bacon

111 S.E. 579, 28 Ga. App. 423, 1922 Ga. App. LEXIS 563

CourtCourt of Appeals of Georgia

DecidedApril 1, 1922

Docket12791

StatusPublished

This text of 111 S.E. 579 (Robinson v. Bacon) 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

Robinson v. Bacon, 111 S.E. 579, 28 Ga. App. 423, 1922 Ga. App. LEXIS 563 (Ga. Ct. App. 1922).

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Opinion

Jenkins, P. J.

Upon this writ of error, by which it is sought to review a judgment of the superior court, sustaining a certiorari from a verdict and judgment in a justice’s court, the judge certifies that he “ sustained the certiorari generally and not upon any • particular ground.” The evidence did not demand the verdict rendered in the justice’s court, but would have amply authorized a verdict for the petitioner in certiorari. This being the only question involved, and the order sustaining the certiorari having the effect of a first grant of new trial, it will not be disturbed. Walker v. Hughes, 120 Ga. 1079 (48 S. E. 387); Maner v. Clark-Stewart Co., 27 Ga. App. 553 (109 S. E. 178).

Judgment affirmed.

Stephens and Hill, JJ., concur.

Certiorari; from Tattnall superior court — Judge Strange presiding. July 7, 1921.

J. T. Grice, D. L. Stanfield, for plaintiffs in error. C. L. Cowart, contra.

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Jenkins, P. J.

Upon this writ of error, by which it is sought to review a judgment of the superior court, sustaining a certiorari from a verdict and judgment in a justice’s court, the judge certifies that he “ sustained the certiorari generally and not upon any • particular ground.” The evidence did not demand the verdict rendered in the justice’s court, but would have amply authorized a verdict for the petitioner in certiorari. This being the only question involved, and the order sustaining the certiorari having the effect of a first grant of new trial, it will not be disturbed. Walker v. Hughes, 120 Ga. 1079 (48 S. E. 387); Maner v. Clark-Stewart Co., 27 Ga. App. 553 (109 S. E. 178).

Judgment affirmed.

Stephens and Hill, JJ., concur.

Certiorari; from Tattnall superior court — Judge Strange presiding. July 7, 1921.

J. T. Grice, D. L. Stanfield, for plaintiffs in error. C. L. Cowart, contra.

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111 S.E. 579, 28 Ga. App. 423, 1922 Ga. App. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-bacon-gactapp-1922.

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