West v. City of College Park

Court of Appeals of Georgia

West v. City of College Park

157 S.E.2d 491, 116 Ga. App. 355, 1967 Ga. App. LEXIS 811

CourtCourt of Appeals of Georgia

DecidedSeptember 21, 1967

Docket42968

StatusPublished

Cited by2 cases

This text of 157 S.E.2d 491 (West v. City of College Park) 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

West v. City of College Park, 157 S.E.2d 491, 116 Ga. App. 355, 1967 Ga. App. LEXIS 811 (Ga. Ct. App. 1967).

Pincite

Opinion

Bell, Presiding Judge.

The filing of the bond required by Code § 19-214 or a pauper’s affidavit is a condition precedent to an application for certiorari to review a judgment of conviction in a recorder’s court. Johns v. City of Tifton, 122 Ga. 734 (50 SE 941); Veazey v. Mayor &c. of Crawfordville, 126 Ga. 89 (54 SE 817); Hubert v. City of Thomasville, 18 Ga. App. 756 (90 SE 720). The judge of the superior court did not err in dismissing the certiorari in this case, as the petition did not affirmatively show the filing of a proper bond or pauper’s affidavit and was therefore a mere nullity. Sauceman v. State, 209 Ga. 60 (3) (70 SE2d 754); Gillespie v. Mayor &c. of Macon, 19 Ga. App. 1, 2 (90 SE 970); Nilsen v. City of La-Grange, 55 Ga. App. 676 (3) (191 SE 175).

Judgment affirmed.

Pannell and Whitman, JJ., concur.

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Bell, Presiding Judge.

The filing of the bond required by Code § 19-214 or a pauper’s affidavit is a condition precedent to an application for certiorari to review a judgment of conviction in a recorder’s court. Johns v. City of Tifton, 122 Ga. 734 (50 SE 941); Veazey v. Mayor &c. of Crawfordville, 126 Ga. 89 (54 SE 817); Hubert v. City of Thomasville, 18 Ga. App. 756 (90 SE 720). The judge of the superior court did not err in dismissing the certiorari in this case, as the petition did not affirmatively show the filing of a proper bond or pauper’s affidavit and was therefore a mere nullity. Sauceman v. State, 209 Ga. 60 (3) (70 SE2d 754); Gillespie v. Mayor &c. of Macon, 19 Ga. App. 1, 2 (90 SE 970); Nilsen v. City of La-Grange, 55 Ga. App. 676 (3) (191 SE 175).

Judgment affirmed.

Pannell and Whitman, JJ., concur.

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Bluebook (online)

157 S.E.2d 491, 116 Ga. App. 355, 1967 Ga. App. LEXIS 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-city-of-college-park-gactapp-1967.

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