Legal Opinion

Thompson v. Dunn

Court of Appeals of Georgia

Decided June 24, 1960No. 38116, 38117PublishedCited by 7 opinions

1Opinion of the Court

Nichols, Judge.

“The writ of certiorari shall lie for the correction of errors committed by justices of the peace, corporation courts or councils, or any inferior judicatory, or any person exercising judicial powers . . .” Code § 19-101. “In determining whether or not a proceeding be judicial in character, the *166question hinges not on whether the parties at interest were in fact given opportunity to be heard, since an officer cannot clothe himself with unauthorized judicial powers by mere voluntary compliance with the forms of judicial procedure, but the test is whether the parties at interest…

2Cases cited4 opinions

  1. South View Cemetery Association v. HaileySupreme Court of Georgia · 1945
  2. Georgia Railroad & Banking Co. v. RedwineSupreme Court of Georgia · 1951
  3. Tamiami Trail Tours, Inc. v. Georgia Public Service CommissionSupreme Court of Georgia · 1957
  4. Fitzgerald v. Mayor of SavannahCourt of Appeals of Georgia · 1959

3Cited by7 opinions

  1. Jaxie Lee v. Sheriff Bill Hutson and Cobb CountyCourt of Appeals for the Eleventh Circuit · 1987
  2. Wilson v. PattilloSupreme Court of Georgia · 1971
  3. Lee v. HutsonDistrict Court, N.D. Georgia · 1984
  4. Jordan v. City of AtlantaCourt of Appeals of Georgia · 2007
  5. Raughton v. Town of Fort OglethorpeCourt of Appeals of Georgia · 1985

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