Almand v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Certiorari. Before Judge Reese. Hancock superior court. August term, 1896. Suit was brought against the railroad company, to recover the value of goods consigned over its road to the plaintiff at Sparta, which appear to have arrived there on the afternoon of December 19, 1893, and to have been lost in a fire which destroyed the defendant’s fréight-depot and the contents-thereof that night about one or half past one o’clock.
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Certiorari. Before Judge Reese. Hancock superior court. August term, 1896. Suit was brought against the railroad company, to recover the value of goods consigned over its road to the plaintiff at Sparta, which appear to have arrived there on the afternoon of December 19, 1893, and to have been lost in a fire which destroyed the defendant’s fréight-depot and the contents-thereof that night about one or half past one o’clock. The plaintiff obtained a verdict which the defendant, on certiorari, alleged to be contrary to law and evidence, for that it was liable only as a warehouseman, under the…
1Opinion of the CourtLumpkin, P. J.
Th,e superior court can not properly render a final judgment in a certiorari case, unless “the error complained of is an error in law which must finally govern the case, and the court shall be satisfied there is no question of fact involved which makes it necessary to send the case back for a new hearing before the tribunal below.” Civil Code, § 4652. And see Rogers v. Georgia Railroad Co., 100 Ga. 699, and Pinkston v. White, 102 Ga. (post). Applying the law laid down in this section of the code and the cases above cited to the facts of the present case, the presiding judge erred in rendering…
2Cases cited1 opinion
- Rogers v. Georgia RailroadSupreme Court of Georgia · 1897
3Cited by7 opinions
- Holmes v. Pye & Co.Supreme Court of Georgia · 1899
- Pittman v. AlexanderCourt of Appeals of Georgia · 1917
- Velvin v. AustinSupreme Court of Georgia · 1899
- Alabama Great Southern Railroad v. AustinSupreme Court of Georgia · 1900
- Langley Manufacturing Co. v. Frey & Co.Court of Appeals of Georgia · 1912
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