Thompson v. Becham

Court of Appeals of Georgia

Thompson v. Becham

58 S.E. 311, 2 Ga. App. 84, 1907 Ga. App. LEXIS 280

CourtCourt of Appeals of Georgia

DecidedMay 24, 1907

Docket337

StatusPublished

Cited by4 cases

This text of 58 S.E. 311 (Thompson v. Becham) 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

Thompson v. Becham, 58 S.E. 311, 2 Ga. App. 84, 1907 Ga. App. LEXIS 280 (Ga. Ct. App. 1907).

Pincite

Opinion

Powell, J.

1. While the answer of the trial magistrate to a writ of certiorari must verify the fact that a final judgment has been rendered, yet an answer which merely verifies the rendition of a final judgment,without more, is entirely insufficient, where the certiorari is brought, to correct errors in the proceedings which were had at the trial, and ' upon which such judgment was rendered.

2. Allegations in' the petition for certiorari, not verified by the answer, are not to be taken as admitted, and present nothing for determination, either by the superior or the appellate court. Landrum v. Moss, 1 Ga. App. 216, 57 S. E. 96 ; Little v. Fort Valley, 123 Ga. 503, 51 S. E. 501; Brown v. Gainesville, 125 Ga. 230, 53 S. E. 1002.

Judgment reversed.

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Powell, J.

1. While the answer of the trial magistrate to a writ of certiorari must verify the fact that a final judgment has been rendered, yet an answer which merely verifies the rendition of a final judgment,without more, is entirely insufficient, where the certiorari is brought, to correct errors in the proceedings which were had at the trial, and ' upon which such judgment was rendered.

2. Allegations in' the petition for certiorari, not verified by the answer, are not to be taken as admitted, and present nothing for determination, either by the superior or the appellate court. Landrum v. Moss, 1 Ga. App. 216, 57 S. E. 96 ; Little v. Fort Valley, 123 Ga. 503, 51 S. E. 501; Brown v. Gainesville, 125 Ga. 230, 53 S. E. 1002.

Judgment reversed.

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Bluebook (online)

58 S.E. 311, 2 Ga. App. 84, 1907 Ga. App. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-becham-gactapp-1907.

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