Legal Opinion

Pittman v. Alexander

Court of Appeals of Georgia

Decided March 15, 1917No. 7717PublishedCited by 7 opinions

Certiorari; from Fulton superior court—Judge Pendleton. June 22, 1916. ■

1Opinion of the CourtJenkins, J.

1. The only issue involved in this case being as to whether the defendant in the municipal court of Atlanta was entitled to a set-off in the suit against him, and the evidence upon this issue being conflicting, but ample to justify the judgment of the trial court disallowing the set-off, the judge of the superior court did not err in overruling and dismissing the certiorari.

2. Under section 4201 of the Civil Code (1910), when the superior court sustains a certiorari it has no authority to render also a final judgment, if issues of fact are involved and the case does not necessarily depend…

2Cases cited10 opinions

  1. Patterson v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
  2. Williams v. BradfieldSupreme Court of Georgia · 1902
  3. Almand v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
  4. Bass Dry Goods Co. v. Electric Storage Battery Co.Supreme Court of Georgia · 1905
  5. Atlantic Coast Line Railroad v. ShumanSupreme Court of Georgia · 1904

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

3Cited by7 opinions

  1. Ray v. CruceCourt of Appeals of Georgia · 1918
  2. Wilson v. Citizens & Southern BankCourt of Appeals of Georgia · 1919
  3. Deaton v. TaliaferroCourt of Appeals of Georgia · 1950
  4. Murphy v. Drum & Bugle CorpsCourt of Appeals of Georgia · 1937
  5. Hancock v. AllenCourt of Appeals of Georgia · 1923

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

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