Mayor of Macon v. Shaw
Supreme Court of Georgia
Certiorari, from Bibb.- Decided by Judge Powers, in vacation, June 7,1858. The defendant in error, Harvey W. Sbaw, having been elected by the legal voters of the city of Macon, to the office of Marshal of said City; and having entered on said' office, and the term for which he was elected not having expired, was summoned before the Mayor and Council, and charged with mal-practice in office, and neglect of official duty, in this, that he had been guilty of the offence of…
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Certiorari, from Bibb.- Decided by Judge Powers, in vacation, June 7,1858. The defendant in error, Harvey W. Sbaw, having been elected by the legal voters of the city of Macon, to the office of Marshal of said City; and having entered on said' office, and the term for which he was elected not having expired, was summoned before the Mayor and Council, and charged with mal-practice in office, and neglect of official duty, in this, that he had been guilty of the offence of gaming on the Sabbatl). day, within the corporate limits of the city. The Mayor and Council, after hearing evidence and…
1Opinion of the Court
By the Court.
Nisbet, J.,
delivering the opinion.
[1.] The defendant joins issue with a protest against the right of the plaintiff to be heard, on the ground that a writ of error does not lie to an order of the Judge of the Superior Court, granting a certiorari. .This question came before this Court, in Van Ness vs. Cheeseborough, Stearns & Co., in the precise form that it assumes here; and the writ of error was dismissed. The mere granting the certiorari, decides nothing, but that the record shall be sent up. A writ of error, on the allowance of the writ, is premature. It may be, that when the…
2Cases cited4 opinions
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
- Case v. ShepherdNew York Supreme Court · 1800
- People v. Judges of New-York Commom PleasNew York Supreme Court · 1828
- Brown v. HerronSupreme Court of Pennsylvania · 1808
3Cited by9 opinions
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- Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933
- Palmer v. HarrisSupreme Court of Oklahoma · 1909
- Felker v. JohnsonSupreme Court of Georgia · 1940
- Fluke v. Canton, Adjutant GeneralSupreme Court of Oklahoma · 1912
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