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Stephens v. Barnes

75 S.E. 827, 11 Ga. App. 491, 1912 Ga. App. LEXIS 78
CourtCourt of Appeals of Georgia
DecidedSeptember 24, 1912
Docket3783
StatusPublished
Cited by3 cases

This text of 75 S.E. 827 (Stephens v. Barnes) 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
Stephens v. Barnes, 75 S.E. 827, 11 Ga. App. 491, 1912 Ga. App. LEXIS 78 (Ga. Ct. App. 1912).

Opinion

Russell, J.

1. It was not error to dismiss the certiorari. Where the answer does not verify the allegations of error made in the petition,., and no steps are taken to perfect the answer, the superior court can,, of its own motion, dismiss the certiorari. Southern Ry. Co. v. Leggett, 117 Ca. 31 (43 S. E. 421). “Points made in the petition for certiorari, but not verified by the answer of the magistrate, are not properly before the court for decision.” Ridgway v. Bryant, 8 Ga. App. 564 (70 S. E. 28).

2. A certificate by the justice of the peace that “true copies of all the proceedings in said cause are herewith sent up” is not a verification of the correctness of the statements contained in the petition for certiorari. Southern Ry. Co. v. Leggett, supra. Judgment affirmed.

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Related

Maddox v. City of Newnan
163 S.E.2d 756 (Court of Appeals of Georgia, 1968)
Lunsford v. State
4 S.E.2d 112 (Court of Appeals of Georgia, 1939)
Brown v. Teem Co.
139 S.E. 91 (Court of Appeals of Georgia, 1927)

Cite This Page — Counsel Stack

Bluebook (online)
75 S.E. 827, 11 Ga. App. 491, 1912 Ga. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-barnes-gactapp-1912.