Buchanan v. Jones
Supreme Court of Georgia
Certiorari, in Muscogee Superior Court. Decision by Judge Iverson. November Term, 1852. This was a certiorari sued out to a decision of the Inferior Court of Muscogee County.
Read the full summary
Certiorari, in Muscogee Superior Court. Decision by Judge Iverson. November Term, 1852. This was a certiorari sued out to a decision of the Inferior Court of Muscogee County. On motion, in the Superior Court, the certiorari was dismissed on the ground that it was improvidently granted, in this, that counsel for Buchanan served Jones with notice, that on the 20th day of July then next, he would apply to Hon. Judge Iverson for a writ of certiorari, and that on that day, Judge Iverson, was not within the limits of the State of Georgia, but granted the writ without the State. This decision is…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] This was an application to the Judge of the Superior. Court, for a writ of certiorari, to be directed to the Inferioi Court, in accordance with the provisions of the 54th section of the Judiciary Act of 1799, which provides, that twenty days notice shall be given by the party applying for such writ, to the opposite party, or his attorney. Prince 432. The writ of certiorari, *613was granted by the Judge, during the lime he was beyond the limits of the State. The Court below dismissed the certiorari on the ground that the notice given to the…
2Cited by3 opinions
- People v. RuefCalifornia Court of Appeal · 1910
- Carpenter v. CarpenterSupreme Court of New Hampshire · 1917
- Hammond, Hull & Co. v. WilcherSupreme Court of Georgia · 1887