Southern Express Co. v. Wheeler

Supreme Court of Georgia

Southern Express Co. v. Wheeler

72 Ga. 210

CourtSupreme Court of Georgia

DecidedOctober 2, 1883

StatusPublished

Cited by15 cases

This text of 72 Ga. 210 (Southern Express Co. v. Wheeler) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Express Co. v. Wheeler, 72 Ga. 210 (Ga. 1883).

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Opinion

1. Section 4059 of the Code requires ten days’ notice in writing of the sanction, etc., of the writ of certiorari, and if it be not given, the ■writ will be dismissed. Code, §4059; 4# Ga., 16.

2. It may be waived, but the waiver must be in writing. 46 Ga., ,616.

3. A bond, signed by one as attorney in fact for plaintiff in certiorari, should be accompanied by the power of attorney. None appearing in the record, the writ of certiorari should have been dismissed. The court was, therefore, right to dismiss the certiorari on both grounds.

(Head-notes by the court.)

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1. Section 4059 of the Code requires ten days’ notice in writing of the sanction, etc., of the writ of certiorari, and if it be not given, the ■writ will be dismissed. Code, §4059; 4# Ga., 16.

2. It may be waived, but the waiver must be in writing. 46 Ga., ,616.

3. A bond, signed by one as attorney in fact for plaintiff in certiorari, should be accompanied by the power of attorney. None appearing in the record, the writ of certiorari should have been dismissed. The court was, therefore, right to dismiss the certiorari on both grounds.

(Head-notes by the court.)

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Bluebook (online)

72 Ga. 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-express-co-v-wheeler-ga-1883.

Opinion

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