Legal Opinion

Susong v. McKenna

Supreme Court of Georgia

Decided October 17, 1904PublishedCited by 8 opinions

Certiorari. Before Judge Cann. Chatham superior court. April 15, 1904.

1Opinion of the CourtCobb, J.

1. A possessory warrant does not lie unless the defendant acquired possession of the property in dispute in one of the modes set forth in the Civil Code, §4799. Owens v. Outlaw, 105 Ga. 477.

2. Under the provisions of the Civil Code, §4807, .the judge of the superior court, in passing upon a certiorari from the decision of a justice of the peace in a possessory-warrant case, may, in his discretion, make a final disposition of the case, without sending it back for a new trial, even though the evidence before the justice of the peace was conflicting on controlling issues. Sheriff v. Thompson,…

2Cases cited2 opinions

  1. Sheriff v. ThompsonSupreme Court of Georgia · 1902
  2. Owens v. OutlawSupreme Court of Georgia · 1898

3Cited by8 opinions

  1. Davis v. LoganSupreme Court of Georgia · 1950
  2. Brown v. ToddSupreme Court of Georgia · 1906
  3. Butler v. LazenbyCourt of Appeals of Georgia · 1910
  4. Cone v. BodifordCourt of Appeals of Georgia · 1924
  5. Burch v. HollidayCourt of Appeals of Georgia · 1934

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