Hopkins, Allen & Co. v. Suddeth
Supreme Court of Georgia
Certiorari, in Lee Superior Court. Decision by Judge Perkins, December Term, 1854. The plaintiffs in error petitioned for a certiorari to certain decisions made by the Inferior Court of said County, at January Term, 1853, upon written exceptions taken at the triah "The application was made 11th July, 1853, and due notice .given to the opposite party. There was attached to the petition, an exemplification of all the proceedings of the Inferior Court in the said cause.
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Certiorari, in Lee Superior Court. Decision by Judge Perkins, December Term, 1854. The plaintiffs in error petitioned for a certiorari to certain decisions made by the Inferior Court of said County, at January Term, 1853, upon written exceptions taken at the triah "The application was made 11th July, 1853, and due notice .given to the opposite party. There was attached to the petition, an exemplification of all the proceedings of the Inferior Court in the said cause. The Judge granted the application as follows: “ Read and sanctioned. Lot the writ of certiorari issue in the penal sum of…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] We are of opinion that the application for a certiorari in this case, should not have been dismissed, for the reason, that the Court had ordered the same to issue at a previous term, and that (as shown by the record) it was no fault of the-plaintiff in error, that it had not so issued ; the petition having been mislaid by the opposite Counsel, and the issuing of' the writ so prevented.
We incline to think, too, that the original proceeding was not irregular; that the second original attachment was properly issued by the Justice of the Peace…
2Cited by4 opinions
- Zachery v. StateSupreme Court of Georgia · 1898
- Cole v. ThurmanSupreme Court of Georgia · 1903
- Smith v. City of WashingtonCourt of Appeals of Georgia · 1908
- Walea v. StateSupreme Court of Georgia · 1905