Souerbry v. Orrell

Court of Appeals of Georgia

Souerbry v. Orrell

106 S.E. 211, 26 Ga. App. 369, 1921 Ga. App. LEXIS 158

CourtCourt of Appeals of Georgia

DecidedMarch 4, 1921

Docket11256, 11257

StatusPublished

Cited by1 cases

This text of 106 S.E. 211 (Souerbry v. Orrell) 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

Souerbry v. Orrell, 106 S.E. 211, 26 Ga. App. 369, 1921 Ga. App. LEXIS 158 (Ga. Ct. App. 1921).

Pincite

Opinion

Stephens, J.

1. “A writ of certiorari in a civil case, unless sued out in forma pauperis, is absolutely void if it be issued before the applicant has given the bond prescribed by law; and the bond, to be effectual, must be approved by the judge or justice of the court in which the case was originally tried. A certificate of the trial magistrate that the plaintiff ‘lias paid all costs accrued in the trial and given bond as required by law in said case’ is not a sufficient substitute for the written approval required bylaw.” Sanford v. Wade, 17 Ga. App. 366 (86 S. E. 945).

2. Inasmuch as the judgment in the present case, refusing to dismiss the certiorari, complained of in the cross bill of exceptions, must be reversed, the subsequent hearing was nugatory, and a writ of error to the overruling of the certiorari will be dismissed. Alabama Midland Ry. Co. v. Stevens, 116 Ga. 790(4) (43 S. E. 46).

Judgment reversed on cross-bill of exceptions; main bill of exceptions dismissed.

Jenkins, P. J., and Hill, J., concur.

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

Stephens, J.

1. “A writ of certiorari in a civil case, unless sued out in forma pauperis, is absolutely void if it be issued before the applicant has given the bond prescribed by law; and the bond, to be effectual, must be approved by the judge or justice of the court in which the case was originally tried. A certificate of the trial magistrate that the plaintiff ‘lias paid all costs accrued in the trial and given bond as required by law in said case’ is not a sufficient substitute for the written approval required bylaw.” Sanford v. Wade, 17 Ga. App. 366 (86 S. E. 945).

2. Inasmuch as the judgment in the present case, refusing to dismiss the certiorari, complained of in the cross bill of exceptions, must be reversed, the subsequent hearing was nugatory, and a writ of error to the overruling of the certiorari will be dismissed. Alabama Midland Ry. Co. v. Stevens, 116 Ga. 790(4) (43 S. E. 46).

Judgment reversed on cross-bill of exceptions; main bill of exceptions dismissed.

Jenkins, P. J., and Hill, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

106 S.E. 211, 26 Ga. App. 369, 1921 Ga. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/souerbry-v-orrell-gactapp-1921.

Opinion

Related

Cite This Page — Counsel Stack