Legal Opinion

Meeks v. Guckenheimer & Sons

Supreme Court of Georgia

Decided November 27, 1897PublishedCited by 12 opinions

Certiorari. Before Judge Sweat. Coffee superior court. July 31, 1897. Suit was brought in the city court of Coffee county, against C. W. Meeks and R. Meeks, late partners under the name of C. W. Meeks & Son, upon an account for goods which the plaintiffs claimed to have sold to the defendants in October and December, 1895. 0. W. Meeks filed a plea in which he alleged that a.t the time the goods were sold there was no such firm as 0. W. Meeks & Son, that he was not in any way…

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Certiorari. Before Judge Sweat. Coffee superior court. July 31, 1897. Suit was brought in the city court of Coffee county, against C. W. Meeks and R. Meeks, late partners under the name of C. W. Meeks & Son, upon an account for goods which the plaintiffs claimed to have sold to the defendants in October and December, 1895. 0. W. Meeks filed a plea in which he alleged that a.t the time the goods were sold there was no such firm as 0. W. Meeks & Son, that he was not in any way connected with the purchase of the goods, had received no benefit from them, and was not liable therefor. Judgment was…

1Opinion of the CourtAtkinson, J.

The writ of certiorari lies for the correction of errors committed by inferior judicatories in ruling upon questions made before them; and if, upon the hearing of a writ of certiorari, a question is for the first time raised which was not ruled upon by the court whose judgment is under review, such a question will not be considered. This principle applied to the record in this case affirms the judgment of the court below in overruling the certiorari. Though the facts relating to the alleged disqualification of the trial judge were known to counsel for the losing party, no question thereon was…

2Cases cited1 opinion

  1. McMillan v. NicholsSupreme Court of Georgia · 1878

3Cited by12 opinions

  1. Tari v. StateOhio Supreme Court · 1927
  2. Adams v. Overland-Madison Co.Court of Appeals of Georgia · 1921
  3. Edwards v. McNair & SellersSupreme Court of Georgia · 1922
  4. Hester v. MathisCourt of Appeals of Georgia · 1978
  5. McDonald v. Town of LudowiciCourt of Appeals of Georgia · 1916

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