Pittman v. Alexander
Court of Appeals of Georgia
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
- Patterson v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Williams v. BradfieldSupreme Court of Georgia · 1902
- Almand v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
- Bass Dry Goods Co. v. Electric Storage Battery Co.Supreme Court of Georgia · 1905
- Atlantic Coast Line Railroad v. ShumanSupreme Court of Georgia · 1904
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3Cited by7 opinions
- Ray v. CruceCourt of Appeals of Georgia · 1918
- Wilson v. Citizens & Southern BankCourt of Appeals of Georgia · 1919
- Deaton v. TaliaferroCourt of Appeals of Georgia · 1950
- Murphy v. Drum & Bugle CorpsCourt of Appeals of Georgia · 1937
- Hancock v. AllenCourt of Appeals of Georgia · 1923
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