Legal Opinion

Brackett v. Sebastian

Court of Appeals of Georgia

Decided September 15, 1916No. 7280PublishedCited by 2 opinions

Certiorari; from Pulton superior court — Judge Ellis. December 6, 1915.

1Opinion of the CourtWade, C. J.

1. This case is controlled hy the decision in Brown v. Seals, 17 Ga. App. 4 (86 S. E. 277), in which it was held that “The premature dismissal of a petition for certiorari is not cause for reversal, where the petition was presented in renewal of a dismissed petition for certiorari more than six months after the dismissal of the prior petition.” The above-cited ease and the case under consideration are both distinguishable from Brown v. Smith, 24 Ga. 418, in which it was held that “It is error in the court to hear and determine a certiorari six months before the term to which by law it is…

2Cases cited3 opinions

  1. Citizens Banking Co. v. ParisSupreme Court of Georgia · 1904
  2. Brown & Wright v. Smith & LeonardSupreme Court of Georgia · 1858
  3. Brown v. SealsCourt of Appeals of Georgia · 1915

3Cited by2 opinions

  1. Southern Bell Telephone & Telegraph Co. v. FreemanCourt of Appeals of Georgia · 1918
  2. Butters Manufacturing Co. v. SimsCourt of Appeals of Georgia · 1933

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