Southern Railway Co. v. Stone

Court of Appeals of Georgia

Southern Railway Co. v. Stone

58 S.E. 502, 2 Ga. App. 375, 1907 Ga. App. LEXIS 372

CourtCourt of Appeals of Georgia

DecidedJuly 18, 1907

Docket443

StatusPublished

Cited by1 cases

This text of 58 S.E. 502 (Southern Railway Co. v. Stone) 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

Southern Railway Co. v. Stone, 58 S.E. 502, 2 Ga. App. 375, 1907 Ga. App. LEXIS 372 (Ga. Ct. App. 1907).

Pincite

Opinion

Hill, C. J.

1. The allegations of the petition for certiorari must he verified by the answer of the magistrate whose decision is sought to he reviewed, or the truth of the allegations must be admitted by the defendant in certiorari.

2. Where no answer to a certiorari was filed giving information to the reviewing court as to rvhat was done by the lower court, and the answer was not waived, and the truth of the allegations contained in the peti-’ tion was not admitted, there was nothing before the court on which a final judgment could have been rendered. In such condition of the record, the only proper judgment would have been the dismissal of the certiorari; and a final judgment by the superior court against the plaintiff in certiorari for the amount alleged to have been recovered in the, justice’s court was erroneous and must be set aside.

Judgment reversed.

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Hill, C. J.

1. The allegations of the petition for certiorari must he verified by the answer of the magistrate whose decision is sought to he reviewed, or the truth of the allegations must be admitted by the defendant in certiorari.

2. Where no answer to a certiorari was filed giving information to the reviewing court as to rvhat was done by the lower court, and the answer was not waived, and the truth of the allegations contained in the peti-’ tion was not admitted, there was nothing before the court on which a final judgment could have been rendered. In such condition of the record, the only proper judgment would have been the dismissal of the certiorari; and a final judgment by the superior court against the plaintiff in certiorari for the amount alleged to have been recovered in the, justice’s court was erroneous and must be set aside.

Judgment reversed.

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Bluebook (online)

58 S.E. 502, 2 Ga. App. 375, 1907 Ga. App. LEXIS 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-railway-co-v-stone-gactapp-1907.

Opinion

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