Odom Bros. v. Stovall
Court of Appeals of Georgia
Certiorari; from Eultou superior court — Judge Pendleton. October 6,-1921. The order of the judge of the superior court, dismissing the certiorari, states that on motion it is dismissed “ as a void certiorari,” on the ground that it “ was not issued in forma’ pauperis,” and that the plaintiff in certiorari did not comply with the law as to giving bond, “ the record showing that at the time said writ issued the plaintiff had not given the bond as by law required.”
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Certiorari; from Eultou superior court — Judge Pendleton. October 6,-1921. The order of the judge of the superior court, dismissing the certiorari, states that on motion it is dismissed “ as a void certiorari,” on the ground that it “ was not issued in forma’ pauperis,” and that the plaintiff in certiorari did not comply with the law as to giving bond, “ the record showing that at the time said writ issued the plaintiff had not given the bond as by law required.” The order states also that “ it is further considered by the court that T. C. Miller, D. C., had no right or authority to attach to…
1Opinion of the CourtBloodworth, J.
This ease comes to this court on exceptions to an order of the judge of the superior court sustaining a motion to dismiss a certiorari. The record shows that the petition was filed, sanctioned, and the writ ordered issued on July 9th, and that the bond for the eventual condemnation money bears date July 11th. In Carroll v. Inner Shoe Tire Co., 21 Ga. App. 397 (2) (94 S. E. 643), it is held: “In a-certiorari proceeding in a civil cause, where no affidavit in forma pauperis is filed, the bond required, duly executed and approved, must be filed at the same time when the petition for certiorari…
2Cases cited7 opinions
- Hamilton & Co. v. Phenix InsuranceSupreme Court of Georgia · 1899
- Martin v. AndersonSupreme Court of Georgia · 1857
- Sanford v. WadeCourt of Appeals of Georgia · 1915
- Cole v. ThurmanSupreme Court of Georgia · 1903
- Smith v. McCranieCourt of Appeals of Georgia · 1914
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