Legal Opinion

Ross v. City of Lilburn

Court of Appeals of Georgia

Decided October 7, 1966No. 42338PublishedCited by 4 opinions

1Opinion of the Court

Deen, Judge.

1. Code Ann. § 19-302 specifies that a traverse to an answer to a petition for certiorari “shall be filed in writing, specifying the defects, within 15 days after the filing of such answer.” Accordingly, where the answer was filed in the office of the Clerk of the Superior Court of Gwinnett County on May 25, 1966, and the traverse was not filed until June 10, it was proper to sustain a motion to dismiss the traverse. The mere fact that a copy of the answer which was mailed to defendant’s counsel on May 25 was not received until May 27 is irrelevant. Chapter 19-3 does not in terms…

2Cases cited2 opinions

  1. Poole v. City of LouisvilleCourt of Appeals of Georgia · 1963
  2. Wright Contracting Co. v. WallerCourt of Appeals of Georgia · 1954

3Cited by4 opinions

  1. Mason v. StateCourt of Appeals of Georgia · 1978
  2. Clayton v. TaylorSupreme Court of Georgia · 1967
  3. State v. CarterCourt of Appeals of Georgia · 1994
  4. Ward v. StateCourt of Appeals of Georgia · 1972

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