Sovereign Camp Woodmen of the World v. Norman

Supreme Court of Georgia

Sovereign Camp Woodmen of the World v. Norman

10 S.E.2d 920, 190 Ga. 872

CourtSupreme Court of Georgia

DecidedSeptember 27, 1940

Docket13227.

StatusPublished

Cited by1 cases

This text of 10 S.E.2d 920 (Sovereign Camp Woodmen of the World v. Norman) 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.

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Sovereign Camp Woodmen of the World v. Norman, 10 S.E.2d 920, 190 Ga. 872 (Ga. 1940).

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Opinion

Atkinson, Presiding' Justice.

The case came to this court from the Court of Appeals on writ of certiorari. The defendant in certiorari made a motion in this court to dismiss the case, on the ground that the petition for certiorari failed to comply with rule 45 (Code, § 24-4549) with regard to the grant of writs of certiorari by this court. On examination of the assignments of error contained in the petition, after the grant of the writ and after argument in this court, it appears that the petition was improvidently granted.

(a) The petition offends rule 45, which provides: “Argument and briefs of authorities must not be included in the petition, but must be submitted separately.”

(b) The motion to dismiss the case is sustained, because the petition offends rule 45; and the writ of certiorari was inadvertently granted. Louisville & Nashville Railroad Co. v. Tomlin, 161 Ga. 749 (132 S. E. 90) ; Briesenick v. Dimond, 165 Ga. 780 (142 S. E. 118).

Writ of certiorari dismissed.

All the Justices concur, except Jenlcins, J., tdho dissents.

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