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Willims v. Mangum

46 S.E. 835, 119 Ga. 628, 1904 Ga. LEXIS 312
CourtSupreme Court of Georgia
DecidedMarch 3, 1904
StatusPublished
Cited by6 cases

This text of 46 S.E. 835 (Willims v. Mangum) 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.

Bluebook
Willims v. Mangum, 46 S.E. 835, 119 Ga. 628, 1904 Ga. LEXIS 312 (Ga. 1904).

Opinion

Cobb, J.

The judge dismissed the certiorari, because the petition was not verified in the manner prescribed in the Civil Code, § 4638. Under the ruling in Taylor v. Gay, 20 Ga. 77 (3), which was followed in Taylor v. State, 118 Ga. 52, it was error to dismiss the certiorari. The failure to verify the petition is a good reason for the judge to refuse to sanction it (Paulk v. Hawkins, 106 Ga. 206); but after the petition has been sanctioned, and the answer of the magistrate filed, it is too late to dismiss the certiorari for the defect, in the affidavit, if the answer supports the allegations of the petition.

Judgment reversed.

All the Justices concur, except Simmons, G. J., absent.

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Cite This Page — Counsel Stack

Bluebook (online)
46 S.E. 835, 119 Ga. 628, 1904 Ga. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willims-v-mangum-ga-1904.