Tucker v. Mayor of Graysville
Supreme Court of Georgia
Certiorari. Before Judge Fite. Catoosa superior court. February 1, 1904. Ou July 16, 1903, Tucker was fouud guilty of violating the ordinance of Graysville .requiring its citizens to work on the streets.
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Certiorari. Before Judge Fite. Catoosa superior court. February 1, 1904. Ou July 16, 1903, Tucker was fouud guilty of violating the ordinance of Graysville .requiring its citizens to work on the streets. His petition for certiorari was sanctioned on August 5, 1903. On August 18, 1903, the clerk of .Catoosa superior court issued the writ of certiorari, making the same returnable to the next term of the court, to be held on February 4, 1904. This was served on the mayor, January 25, 1904, less than fifteen days before the court met. On “this ground the attorney for the town of Graysville moved…
1Opinion of the CourtLamaR, J.
Certiorates and bills of exceptions intended to review judgments are not treated by our statute as writs or processes which must be served by an officer. Compare Civil Code, §§ 5547, 4643. The law makes it incumbent upon the complaining party to give notice to bis adversary of the sanction of the writ of certiorari, and of the time and place of the hearing. Civil Code, § 4644. The statute requires the clerk of the, superior court to issue the writ and place the same on the docket, but requires nothing further from him. If thereafter he acts at the instance of the plaintiff in certiorari, he…
2Cited by4 opinions
- Ryals v. County CommissionersCourt of Appeals of Georgia · 1913
- Smith v. City of WashingtonCourt of Appeals of Georgia · 1908
- Blizzard v. BlizzardCourt of Appeals of Georgia · 1940
- Stanley v. Richardson & SonCourt of Appeals of Georgia · 1924