Sapp v. Adams
Supreme Court of Georgia
Practice in the Supreme Court. Practice in the Superior Court.- Certiorari. Before Judge MERSHON. Dodge Superior Court. May Term, 1880. Sapp brought suit against Adams, superintendent of the Macon & Brunswick Railroad, in a justice court, for damages to a horse, resulting from failure to keep a crossing in proper repair. The case involved disputed questions of fact. The justice rendered judgment for the plaintiff for $50.00 and costs. Defendant sued out a certiorari.
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Practice in the Supreme Court. Practice in the Superior Court.- Certiorari. Before Judge MERSHON. Dodge Superior Court. May Term, 1880. Sapp brought suit against Adams, superintendent of the Macon & Brunswick Railroad, in a justice court, for damages to a horse, resulting from failure to keep a crossing in proper repair. The case involved disputed questions of fact. The justice rendered judgment for the plaintiff for $50.00 and costs. Defendant sued out a certiorari. The judge rendered a judgment reversing the decision of the justice and finally disposing of the case. Plaintiff excepted.
1Opinion of the Court
JACKSON, Chief Justice.
No final judgment of any sort was in the transcript of the record, and the writ of error would have been dismissed but for the act of 1877 which required this court, as we construe that act, to direct the clerk of the superior court to certify and send it up if of record below. It was accordingly transmitted and certified by the clerk to have been of record, and we now proceed to determine the cause on its merits.
The sole point made by the bill of exceptions and assigned as error, is that the court made a final disposition *601of the certiorari, instead of sending it back…
2Cases cited1 opinion
- Dorsey v. BlackSupreme Court of Georgia · 1875
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- Lanier v. GaySupreme Court of Georgia · 1943
- Murphy v. Drum & Bugle CorpsCourt of Appeals of Georgia · 1937
- West v. City of College ParkCourt of Appeals of Georgia · 1965