Legal Opinion
Hamilton & Co. v. Phenix Insurance
Supreme Court of Georgia
Decided August 9, 1900PublishedCited by 13 opinions
Certiorari. Before Judge Harris. Carroll superior court. October term, 1899.
1Opinion of the CourtLittle, J.
1. If an original application for a writ of certiorari be for any reason void, an attempted renewal thereof within six months must he ' held to be ineffectual. Williamson v. Wardlaw, 46 Ga. 126 ; McClendon v. Hernando Co., 100 Ga. 219.
2. The certiorari originally sued out, of which it is claimed the presentís a renewal, has been judicially declared absolutely void. Hamilton v. Phenix Ins. Co., 107 Ga. 728. Being void, it could not be renewed, and not having been presented for sanction within thirty days of the rendition of the verdict which it seeks to review, the motion to dismiss should…
2Cases cited3 opinions
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Hamilton & Co. v. Phenix InsuranceSupreme Court of Georgia · 1899
- Williamson v. WardlawSupreme Court of Georgia · 1872
3Cited by13 opinions
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
- Cutliffe v. PryseSupreme Court of Georgia · 1938
- Lamb v. HowardSupreme Court of Georgia · 1920
- Bailey v. BonaparteCourt of Appeals of Georgia · 1972
- Veazey v. Mayor of CrawfordvilleSupreme Court of Georgia · 1906
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