Sisk v. Anderson Phosphate & Oil Co.
This text of 71 S.E. 763 (Sisk v. Anderson Phosphate & Oil Co.) 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 certiorari will not be dismissed because the magistrate fails to send up copies of the proceedings connected with the trial of the ease in the court below, when the errors complained of in the petition as verified by the answer can be fully considered and determined without reference to such proceedings. Peeples v. Tygart, 6 Ga. App. 409 (65 S. E. 167); Georgia Southern & Florida Ry. Co. v. State, 116 Ga. 845 (43 S. E. 254).
2. The first grant of a new trial on certiorari is discretionary, and will not be reversed, unless the evidence demanded the verdict in the trial court. King v. Turner, 6 Ga. App. 499 (65 S. E. 321), and cases cited.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
71 S.E. 763, 9 Ga. App. 483, 1911 Ga. App. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sisk-v-anderson-phosphate-oil-co-gactapp-1911.