Wells v. Flowers
This text of 41 Ga. 327 (Wells v. Flowers) 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.
Opinion
By the Court—
delivering the opinion.
It is quite evident that the answer to the certiorari, made by the Justice of the Peace, was not in compliance with the statute. He annexed the memorandum of the evidence, taken down on the trial. by plaintiff’s counsel, under his supervision, to the papers as his answer. This was illegal and improper, and was a good ground of exception to the an[329]*329swer. But we do not think, under the facts in this case, that it authorized the Judge to dismiss the certiorari. He should have granted the order moved for by the plaintiff’s counsel, and have directed the Justice of the Peace to file his answer in conformity to law...
Judgment reversed.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
41 Ga. 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-flowers-ga-1870.