Towery v. City of McCaysville

Court of Appeals of Georgia

Towery v. City of McCaysville

142 S.E. 702, 38 Ga. App. 85, 1928 Ga. App. LEXIS 48

CourtCourt of Appeals of Georgia

DecidedApril 10, 1928

Docket18691

StatusPublished

This text of 142 S.E. 702 (Towery v. City of McCaysville) 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

Towery v. City of McCaysville, 142 S.E. 702, 38 Ga. App. 85, 1928 Ga. App. LEXIS 48 (Ga. Ct. App. 1928).

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Opinion

Luke, J.

In his petition for certiorari to review a judgment of the mayor’s court of the City of McCaysville, the plaintiff in error alleged that his case was tried on August 3, 1927. The mayor in his answer to the petition unqualifiedly admitted the paragraph containing that allegation. The copy of the certiorari bond attached to the petition as an exhibit recited that the petitioner was convicted on September 3, 1927, and the writ was sanctioned on September 14, 1927. It also appears from the record that the petition was presented to the court either on September 13 or September 14, 1927.

The judgment dismissing the certiorari was correct. See Civil Code (1910), § 5188; Landrum v. Moss, 1 Ga. App. 216 (57 S. E. 965); Sirmans v. Zucher Importing Co., 9 Ga. App. 789 (2) (72 S. E. 190).

Judgment affirmed.

Broyles, C. J., and Bloodivorth, J., concur.

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Luke, J.

In his petition for certiorari to review a judgment of the mayor’s court of the City of McCaysville, the plaintiff in error alleged that his case was tried on August 3, 1927. The mayor in his answer to the petition unqualifiedly admitted the paragraph containing that allegation. The copy of the certiorari bond attached to the petition as an exhibit recited that the petitioner was convicted on September 3, 1927, and the writ was sanctioned on September 14, 1927. It also appears from the record that the petition was presented to the court either on September 13 or September 14, 1927.

The judgment dismissing the certiorari was correct. See Civil Code (1910), § 5188; Landrum v. Moss, 1 Ga. App. 216 (57 S. E. 965); Sirmans v. Zucher Importing Co., 9 Ga. App. 789 (2) (72 S. E. 190).

Judgment affirmed.

Broyles, C. J., and Bloodivorth, J., concur.

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142 S.E. 702, 38 Ga. App. 85, 1928 Ga. App. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/towery-v-city-of-mccaysville-gactapp-1928.

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