Sapp v. City of Baxley

Court of Appeals of Georgia

Sapp v. City of Baxley

94 S.E. 72, 21 Ga. App. 127, 1917 Ga. App. LEXIS 466

CourtCourt of Appeals of Georgia

DecidedOctober 31, 1917

Docket9027

StatusPublished

This text of 94 S.E. 72 (Sapp v. City of Baxley) 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

Sapp v. City of Baxley, 94 S.E. 72, 21 Ga. App. 127, 1917 Ga. App. LEXIS 466 (Ga. Ct. App. 1917).

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Opinion

Bloodworth, J.

The condition of the bonds attached to and made a part . of the petition for certiorari is as follows: “that -the defendant shall and will personally appear and abide the final judgment of the court upon the said fine and'sentence in said case, and if the defendant shall so appear thou [thenll said bond to be in full force and effect” (italics ours). This does not meet the requirement of the statute (Acts 1902, p. 105, Park’s Ann. Code, § 5191 (a)); and no pauper affidavit having been made, the judge of the superior court did not err in refusing to sanction the certiorari.

Judgment affirmed.

Broyles, P. J., and Harwell, J., concur.

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Bloodworth, J.

The condition of the bonds attached to and made a part . of the petition for certiorari is as follows: “that -the defendant shall and will personally appear and abide the final judgment of the court upon the said fine and'sentence in said case, and if the defendant shall so appear thou [thenll said bond to be in full force and effect” (italics ours). This does not meet the requirement of the statute (Acts 1902, p. 105, Park’s Ann. Code, § 5191 (a)); and no pauper affidavit having been made, the judge of the superior court did not err in refusing to sanction the certiorari.

Judgment affirmed.

Broyles, P. J., and Harwell, J., concur.

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Bluebook (online)

94 S.E. 72, 21 Ga. App. 127, 1917 Ga. App. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sapp-v-city-of-baxley-gactapp-1917.