Legal Opinion

Chandler v. Baggett

Court of Appeals of Georgia

Decided August 30, 1913No. 4362PublishedCited by 7 opinions

Certiorari; from Rockdale superior court — Judge Roan. June 1, 1912.

1Opinion of the CourtRussell, J.

1. Exceptions to the answer to a petition for certiorari must be filed in writing, and notice thereof given to the opposite party before the case is called in its order for hearing. Exceptions to the answer and traverse of the answer are both means for perfecting it, and of presenting to the reviewing court what actually occurred upon the trial in the lower court. But if both exception and traverse are filed in the same case the court should act on the exception before disposing of the traverse. Civil Code, § 5196; Thomas v. State, 7 Ga. App. 638 (67 S. E. 894).

2. If no notice of the…

2Cases cited1 opinion

  1. Thomas v. StateCourt of Appeals of Georgia · 1910

3Cited by7 opinions

  1. Federal Life Insurance v. HurstCourt of Appeals of Georgia · 1931
  2. Pitts v. Simpson Grocery Co.Court of Appeals of Georgia · 1915
  3. Bailey v. WareCourt of Appeals of Georgia · 1916
  4. Norris v. Sibert & RobinsonCourt of Appeals of Georgia · 1936
  5. Cheek v. StateCourt of Appeals of Georgia · 1959

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