Legal Opinion

Henry v. American Railway Express Co.

Court of Appeals of Georgia

Decided September 17, 1920No. 11191PublishedCited by 6 opinions

Certiorari; from Richmond superior court ■—■ Judge Henry 0 Hammond. December 13, 1919.

1Opinion of the CourtStephens, J.

1. The answer to the writ of certiorari not having been filed at the term to which it was returnable, and no order having been taken directing the magistrate to answer, the petition for certiorari should, upon this ground, on motion of the defendant in certiorari, have been dismissed. High v. Georgia Railway & Power Co., 12 Ga. App. 505 (77 S. E. 588). This is true although the answer was filed before the case was reached in its order for a hearing, and notwithstanding there was a local practice of permitting such delay in the filing of answers to writs of certiorari.

2. A certificate by the…

2Cases cited1 opinion

  1. J. M. High Co. v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1913

3Cited by6 opinions

  1. City of Atlanta v. SchafferSupreme Court of Georgia · 1980
  2. Turner v. StateCourt of Appeals of Georgia · 1952
  3. Kirkland v. LukeCourt of Appeals of Georgia · 1923
  4. Mertins v. GavalosCourt of Appeals of Georgia · 1922
  5. Thompson v. State Compensation CommissionerWest Virginia Supreme Court · 1949

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