Williams v. Williams

Court of Appeals of Georgia

Williams v. Williams

159 S.E.2d 456, 117 Ga. App. 161, 1968 Ga. App. LEXIS 1014

CourtCourt of Appeals of Georgia

DecidedJanuary 11, 1968

Docket43276

StatusPublished

This text of 159 S.E.2d 456 (Williams v. Williams) 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

Williams v. Williams, 159 S.E.2d 456, 117 Ga. App. 161, 1968 Ga. App. LEXIS 1014 (Ga. Ct. App. 1968).

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Opinion

Pannell, Judge.

Code § 19-208 provides: “If the party applying for the writ of certiorari will make and file with his petition an affidavit, in writing, that he is advised and believes that he has good cause for certiorari to the superior court, and that owing to his poverty he is unable to pay the costs or give security as the case may be, as required in the preceding section, such affidavit shall in every respect answer instead of the certificate and bond above mentioned, as the case may be.” Where, as in the present case, the affidavit in lieu of bond does not recite that the applicant is advised and believes that he has good cause for certiorari the application is not sustainable. See Dorsey v. Black, 55 Ga. 315; Garvin v. Ray, 174 Ga. 905 [162]*162(164 SE 677); Belk v. Cannon, 19 Ga. App. 487 (2) (91 SE 790). Accordingly, the judge of the superior court erred in sanctioning the certiorari, causing the writ to issue, and sustaining the same.

Argued January 5, 1968 Decided January 11, 1968 Rehearing denied January 31,1968. Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Jeff Davis, Jr., Devereaux F. McClatchey, Jr., for appellant. Robert R. Tisdale, Elijah A. Brown, for appellee.

Judgment reversed.

Jordan, P. J., and Deen, J., concur.

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Pannell, Judge.

Code § 19-208 provides: “If the party applying for the writ of certiorari will make and file with his petition an affidavit, in writing, that he is advised and believes that he has good cause for certiorari to the superior court, and that owing to his poverty he is unable to pay the costs or give security as the case may be, as required in the preceding section, such affidavit shall in every respect answer instead of the certificate and bond above mentioned, as the case may be.” Where, as in the present case, the affidavit in lieu of bond does not recite that the applicant is advised and believes that he has good cause for certiorari the application is not sustainable. See Dorsey v. Black, 55 Ga. 315; Garvin v. Ray, 174 Ga. 905 [162]*162(164 SE 677); Belk v. Cannon, 19 Ga. App. 487 (2) (91 SE 790). Accordingly, the judge of the superior court erred in sanctioning the certiorari, causing the writ to issue, and sustaining the same.

Argued January 5, 1968 Decided January 11, 1968 Rehearing denied January 31,1968. Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Jeff Davis, Jr., Devereaux F. McClatchey, Jr., for appellant. Robert R. Tisdale, Elijah A. Brown, for appellee.

Judgment reversed.

Jordan, P. J., and Deen, J., concur.

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159 S.E.2d 456, 117 Ga. App. 161, 1968 Ga. App. LEXIS 1014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-williams-gactapp-1968.

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