Legal Opinion

Hendrix v. Kellogg

Supreme Court of Georgia

Decided March 15, 1861PublishedCited by 10 opinions

Certiorari, from Dawson Superior Court. Decided by Judge Rice, at the August Term, 1860. The question presented by the record in this case arises out of the following state of facts, to-wit: . On the 21st of March, 1857, William Hendrix obtained a judgment, in the Justice’s Court of the 1022d district, G. M., of Dawson county, against A. M. Jackson, maker, and Andrew E. Bond, endorser. From this judgment a fi. fa. issued and was duly returned nulla bona, as to Jackson.

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Certiorari, from Dawson Superior Court. Decided by Judge Rice, at the August Term, 1860. The question presented by the record in this case arises out of the following state of facts, to-wit: . On the 21st of March, 1857, William Hendrix obtained a judgment, in the Justice’s Court of the 1022d district, G. M., of Dawson county, against A. M. Jackson, maker, and Andrew E. Bond, endorser. From this judgment a fi. fa. issued and was duly returned nulla bona, as to Jackson. On the 28th of May, 1857, the fi. fa. was levied on a horse colt as the property of Bond. Bond filed an affidavit of…

1Opinion of the Court

*437 By the Court.

Lyoüt, J.,

delivering the opinion.

The plaintiff had filed his petition, for a writ of certiorari to the judgment of a Justice’s Court, within six months from the rendering of that judgment, which was dismissed on motion of counsel for the defendant, for some informality in the suing out the application.. While the application was pending in the Superior Court, the six months in which the writ was limited to be brought or allowed by statute, expired. And this second petition or application was brought within six months from the time the former was dismissed. The Court dismissed…

2Cited by10 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. Clark v. NewsomeSupreme Court of Georgia · 1935
  3. Hill v. StateSupreme Court of Georgia · 1902
  4. State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
  5. Bass v. City of MilledgevilleSupreme Court of Georgia · 1904

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