Sheehan v. City Council

Court of Appeals of Georgia

Sheehan v. City Council

69 S.E. 916, 8 Ga. App. 539, 1911 Ga. App. LEXIS 30

CourtCourt of Appeals of Georgia

DecidedJanuary 17, 1911

Docket3098

StatusPublished

Cited by4 cases

This text of 69 S.E. 916 (Sheehan v. City Council) 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

Sheehan v. City Council, 69 S.E. 916, 8 Ga. App. 539, 1911 Ga. App. LEXIS 30 (Ga. Ct. App. 1911).

Pincite

Opinion

Powell, J.

The plaintiff in error was convicted in the police court of the City of Augusta. He sought certiorari. The petition was filed, sanctioned, and answered. At the hearing the judge passed the following order: “Upon motion of the city attorney,dismissed.” Within six months a petition seeking to renew the certiorari was presented, and sanction was refused.

We are not informed as to the ground upon which the first certiorari was dismissed. A certiorari may be dismissed for a variety of causes — either for causes affecting the merits or for causps not affecting the merits. If a certiorari is not meritorious, the judgment required by the Civil Code (1895), § 4652, is an order that it “be dismissed.” There are some dismissals after which a certiorari may be renewed. Generally the certiorari is not renewable. Hence, one presenting a second application should cause it affirmatively to appear that the first application was dismissed for such a cause as that a renewal would be permissible. In this case the cause of dismissal does not affirmatively appear. Therefore, it is our duty to affirm the judgment of the court below; the presumption being in favor of the correctness of the judge’s action in the matter. , Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Powell, J.

The plaintiff in error was convicted in the police court of the City of Augusta. He sought certiorari. The petition was filed, sanctioned, and answered. At the hearing the judge passed the following order: “Upon motion of the city attorney,dismissed.” Within six months a petition seeking to renew the certiorari was presented, and sanction was refused.

We are not informed as to the ground upon which the first certiorari was dismissed. A certiorari may be dismissed for a variety of causes — either for causes affecting the merits or for causps not affecting the merits. If a certiorari is not meritorious, the judgment required by the Civil Code (1895), § 4652, is an order that it “be dismissed.” There are some dismissals after which a certiorari may be renewed. Generally the certiorari is not renewable. Hence, one presenting a second application should cause it affirmatively to appear that the first application was dismissed for such a cause as that a renewal would be permissible. In this case the cause of dismissal does not affirmatively appear. Therefore, it is our duty to affirm the judgment of the court below; the presumption being in favor of the correctness of the judge’s action in the matter. , Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

69 S.E. 916, 8 Ga. App. 539, 1911 Ga. App. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheehan-v-city-council-gactapp-1911.

Opinion

Related

Cite This Page — Counsel Stack