Wiggins v. Mayor of Cordele

Court of Appeals of Georgia

Wiggins v. Mayor of Cordele

87 S.E. 826, 17 Ga. App. 541, 1916 Ga. App. LEXIS 766

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1916

Docket7059; 7064

StatusPublished

This text of 87 S.E. 826 (Wiggins v. Mayor of Cordele) 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

Wiggins v. Mayor of Cordele, 87 S.E. 826, 17 Ga. App. 541, 1916 Ga. App. LEXIS 766 (Ga. Ct. App. 1916).

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Opinion

Russell, C. J.

Even though a judge of the superior court, in refusing to sanction a petition for certiorari, enters an order that the petition be filed in the office of the clerk of that court and made a part of the record, such order will not make the petition a part of the record, so that a certified copy of it can be brought to this court as record. Wood v. County of Tattnall, 115 Ga. 1000 (42 S. E. 403). “In order for this court to review the refusal of a judge of the superior court to sanction a petition for certiorari, the petition must be incorporated, in the bill of exceptions or be verified as a part thereof by the trial judge; an unsanetioned petition can not be specified as part of the record.” Taylor v. Town of Omega, 12 Ga. App. 693 (78 S. E. 144), and citations.

Writs of error dismissed.

Certiorari; from Thomas superior court — Judge Thomas. Octo5, 1915.

Certiorari; from Miller superior court — Judge Worrill. November 8, 1915.

E. F. Strozier, for Wiggins. B. B. Bush, for Nowell. P. D. Rich, contra.

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Russell, C. J.

Even though a judge of the superior court, in refusing to sanction a petition for certiorari, enters an order that the petition be filed in the office of the clerk of that court and made a part of the record, such order will not make the petition a part of the record, so that a certified copy of it can be brought to this court as record. Wood v. County of Tattnall, 115 Ga. 1000 (42 S. E. 403). “In order for this court to review the refusal of a judge of the superior court to sanction a petition for certiorari, the petition must be incorporated, in the bill of exceptions or be verified as a part thereof by the trial judge; an unsanetioned petition can not be specified as part of the record.” Taylor v. Town of Omega, 12 Ga. App. 693 (78 S. E. 144), and citations.

Writs of error dismissed.

Certiorari; from Thomas superior court — Judge Thomas. Octo5, 1915.

Certiorari; from Miller superior court — Judge Worrill. November 8, 1915.

E. F. Strozier, for Wiggins. B. B. Bush, for Nowell. P. D. Rich, contra.

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Bluebook (online)

87 S.E. 826, 17 Ga. App. 541, 1916 Ga. App. LEXIS 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-mayor-of-cordele-gactapp-1916.

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