Elsas v. Clay
Supreme Court of Georgia
Practice in Supreme Court. At September Term, 1881. Clay brought an action on account against Elsas, before a justice of the peace, and recovered judgment. Elsas, being dissatisfied, with the judgment, presented his petition for certiorari to the judge of the superior court,, which petition being refused, Elsas excepted, and assigned the same as error. The petition for certiorari does not appear in the bill of exceptions.
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Practice in Supreme Court. At September Term, 1881. Clay brought an action on account against Elsas, before a justice of the peace, and recovered judgment. Elsas, being dissatisfied, with the judgment, presented his petition for certiorari to the judge of the superior court,, which petition being refused, Elsas excepted, and assigned the same as error. The petition for certiorari does not appear in the bill of exceptions. It is there stated that such a petition was presented on certain grounds, and refused. The record contains what purports to be the petition. It is not identified by the…
1Opinion of the Court
Jackson, Chief-Justice.
This was a case where the error complained of was the refusal of the judge to sanction the certiorari; and a motion to dismiss the bill of exceptions was made on the ground that the petition for certiorari 'wa.s not before this court. Whether here or not turns on the point whether the clerk could certify to the paper sent up as that petition, and that depends on the other question, was that petition, until granted, a part of the record ? It was no part of the record, and therefore the clerk could not certify it to this court; and as the judge does not tell us anywhere…
2Cited by7 opinions
- Central of Georgia Railway Co. v. WhiteheadSupreme Court of Georgia · 1898
- Lake v. KellumSupreme Court of Georgia · 1896
- Sullivan v. SurrencyCourt of Appeals of Georgia · 1914
- McGovern v. TrammellCourt of Appeals of Georgia · 1914
- Herrington v. City of ValdostaCourt of Appeals of Georgia · 1937
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