Legal Opinion

Gilmore v. Georgian Co.

Court of Appeals of Georgia

Decided March 27, 1916No. 6767PublishedCited by 9 opinions

Certiorari; from Fulton superior court — Judge Pendleton. May 20, 1915.

1Opinion of the CourtBroyles, J.

In a certiorari case the answer of the trial judge is the only source from which knowledgé of the facts of the case and the rulings made therein can be derived. Buckner v. State, 115 Ga. 238 (41 S. E. 583). And where, in such a case, the trial judge in his answer states that he can not remember the facts of the case, or what occurred upon the trial, it is useless to sustain exceptions to the answer and to require him to respond more fully. Where such an answer is filed, the judge of the superior court, upon the hearing of the certiorari, can do nothing but overrule the same. Colbert v. State,…

2Cases cited2 opinions

  1. Colbert v. StateSupreme Court of Georgia · 1903
  2. Buckner v. StateSupreme Court of Georgia · 1902

3Cited by9 opinions

  1. Beavers v. CassellsCourt of Appeals of Georgia · 1937
  2. Barron Bros. v. New York, New Haven & Hartford RailroadCourt of Appeals of Georgia · 1924
  3. Cunningham v. City of AtlantaCourt of Appeals of Georgia · 1928
  4. Hicks v. LindseyCourt of Appeals of Georgia · 1918
  5. Kilpatrick v. SmithCourt of Appeals of Georgia · 1924

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API