Hopkins v. Southern Railway Co.
Supreme Court of Georgia
Certiorari. Before Judge Candler. DeKalb superior court. April 28, 1899. D. G. Hopkins sued the Southern Railway Company for damages for the killing of his wife. The case was tried before a jury in the city court of DeKalb county, and a verdict rendered for the defendant. Plaintiff carried the case, by certiorari, to the superior court.' The certiorari was overruled, and the plaintiff excepted.
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Certiorari. Before Judge Candler. DeKalb superior court. April 28, 1899. D. G. Hopkins sued the Southern Railway Company for damages for the killing of his wife. The case was tried before a jury in the city court of DeKalb county, and a verdict rendered for the defendant. Plaintiff carried the case, by certiorari, to the superior court.' The certiorari was overruled, and the plaintiff excepted. There are forty-two paragraphs in the petition for certiorari, and twenty assignments of error therein. Twenty-two paragraphs are devoted to the evidence; and the petition sets out what purports to be…
1Opinion of the CourtFisii, J.
The petition for certiorari complained of numerous errors which it alleged the judge of the city court committed upon the trial of this case. In his answer to the writ of certiorari the judge failed to specifically answer most of the allegations of the petition; and as the judge of the superior court could only consider the answer, it not being excepted to and not traversed, there were few points made for his decision. It is now a well-settled rule, that upon the hearing of a certiorari the answer to the writ, when not excepted to or traversed, can only be looked to in ascertaining…
2Cases cited6 opinions
- Gartrell v. LinnSupreme Court of Georgia · 1888
- Parish v. Western & Atlantic RailroadSupreme Court of Georgia · 1897
- Knowles v. CoachmanSupreme Court of Georgia · 1899
- Southern Railway Co. v. BlakeSupreme Court of Georgia · 1897
- Simpson v. McBrideSupreme Court of Georgia · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Whatley v. HenryCourt of Appeals of Georgia · 1941
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Lowe v. PayneSupreme Court of Georgia · 1923
- Thomas v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
13 more not listed; retrieve them via the Exa API.