Western & Atlantic Railroad v. Carson
Supreme Court of Georgia
Statute of Limitations. Justice Courts. Certiorari. Before Judge Fain. Bartow Superior Court. July Term, 1882. Carson sued the Western and Atlantic Railroad, in a justice’s court, and the case was appealed to a jury therein. On October 12th, 1880, a verdict was rendered for the plaintiff for ten dollars. On October 13th, 1880, judgment was signed up by the plaintiff’s attorneys, upon this verdict.
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Statute of Limitations. Justice Courts. Certiorari. Before Judge Fain. Bartow Superior Court. July Term, 1882. Carson sued the Western and Atlantic Railroad, in a justice’s court, and the case was appealed to a jury therein. On October 12th, 1880, a verdict was rendered for the plaintiff for ten dollars. On October 13th, 1880, judgment was signed up by the plaintiff’s attorneys, upon this verdict. The defendant, being dissatisfied, petitioned for and obtained the writ of certiorari, which issued .January 12th, 1881; and the petition, writ, affidavit, bond, etc., were all filed in office on…
1Opinion of the Court
Jackson, Chief Justice.
1. The writ of certiorari was not sued out in time, under the ruling in 60 Ga., 632. In that case, judgment was rendered on June 12th, and the petition was filed on September 12th. It was held too late, being not within three months, the three months expiring at 12 o’clock on the 11th of September. In this case, the verdict was returned on the 12th of October, 1880, and the petition filed on the 12th of January, 1881. The cases on the point are identical. That in the 60th Ga., controls this.
2. But it is said that the judgment was not signed on the verdict, in the case…
2Cases cited1 opinion
- Barrett & Carswell v. DevineSupreme Court of Georgia · 1878
3Cited by14 opinions
- Hammond v. ClarkSupreme Court of Georgia · 1911
- Maxwell Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1913
- Peterson v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
- Western & Atlantic Railroad v. PittsSupreme Court of Georgia · 1887
- Dowling v. LesterCourt of Appeals of Georgia · 1946
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