Dougherty County Council of Architects v. Beckanstin

Quillian, Judge.

The first question to- be decided is to determine if the superior court judge erred in sustaining the certiorari. The effect of sustaining a certiorari is the same as the first grant of a new trial. Jeffers v. Central of Ga. R. Co., 1 Ga. App. 331 (57 S. E. 923); Folds v. Harris, 34 Ga. App. 445 (129 S. E. 664); Peacock v. American Plant Co., 49 Ga. App. 267 (175 S. E. 262). As the plaintiff in error’s counsel in his excellent brief concedes that the granting of a certiorari is discretionary with the trial judge, and as there is no- showing of an abuse of discretion, this…