Simpkins & Co. v. Hester
This text of 59 S.E. 322 (Simpkins & Co. v. Hester) 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
1. A justice of the peace has no authority to .preside in a ease-outside his district, unless the justice or notary of the district in which the case is pending is disqualified, or parties litigant consent. Civil Code, §4072.
2. A judgment rendered by a justice unauthorized to preside as a justice in the district where it was rendered is a nullity and of no effect.
3. The office of the writ of certiorari is to review erroneous verdicts and judgments by some inferior judicatory or person lawfully exercising-judicial powers. It does not lie to review a void judgment by a court legally constituted, or a pretended judgment by an individual or body of individuals assuming to exercise judicial powers without lawful authority. Sawyer v. Blakely, 2 Ga. App. 159 (58 S. E. 399); Bass v. Milledgeville, 122 Ga. 177 (50 S. E. 59); People v. Moore, 48 Hun, 619 (1 N. Y. Supp. 405); Dixon v. Cincinnati, 14 Ohio, 240.
4. The superior court did not err in dismissing the certiorari.
Judgment affirmed.
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Cite This Page — Counsel Stack
59 S.E. 322, 3 Ga. App. 160, 1907 Ga. App. LEXIS 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpkins-co-v-hester-gactapp-1907.