Legal Opinion
Akers v. High Co.
Supreme Court of Georgia
Decided March 4, 1905PublishedCited by 11 opinions
Certiorari. Before Judge Lumpkin. Fulton superior court-March 1, 1904.
1Opinion of the CourtEish, P. J.
1. In reviewing the judgment of a superior court in ruling upon a certiorari, the Supreme Court must ascertain the facts from the answer to the writ; allegations in the petition not verified by the answer can not be considered.
2. A plea that the court has no jurisdiction of the defendant’s person must be sworn to by him. Civil Code, §§ 5081, 5082 ; Colquitt v. Mercer, 44 Ga. 432.
3. It must appear in such a plea that there is another court, in this State, which has jurisdiction of the case. Civil Code, § 5082. Consequently, a plea in a justice’s court for the 1026th district G. M. in Pulton…
2Cases cited2 opinions
- Colquitt v. Mercer & DeGraffenreidSupreme Court of Georgia · 1871
- Fain v. CrawfordSupreme Court of Georgia · 1892
3Cited by11 opinions
- Harper v. LindseySupreme Court of Georgia · 1926
- Williamson v. City of TallapoosaSupreme Court of Georgia · 1977
- Georgia Railway & Power Co. v. DavisCourt of Appeals of Georgia · 1914
- Manning v. Mayor of GainesvilleSupreme Court of Georgia · 1906
- Kiser v. OglesbyCourt of Appeals of Georgia · 1912
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