Louisville & Nashville Railroad v. Lovelace
Court of Appeals of Georgia
Certiorari; from Fulton superior court—Judge Pendleton. May 30, 1919. T. A. Lovelace sued the Louisville & Nashville Kailroad Company in the municipal court of Atlanta, and obtained a judgment on March 4, 1919. The defendant, under the rules in that court, made his oral motion for new trial, which came on for a hearing ■on March 7, 1919, when it was overruled.
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Certiorari; from Fulton superior court—Judge Pendleton. May 30, 1919. T. A. Lovelace sued the Louisville & Nashville Kailroad Company in the municipal court of Atlanta, and obtained a judgment on March 4, 1919. The defendant, under the rules in that court, made his oral motion for new trial, which came on for a hearing ■on March 7, 1919, when it was overruled. The defendant, within 30 days from the rendition of the original judgment, presented to the judge of the superior court of Fulton county, and had sanctioned, a petition for certiorari, in which he did not except to the ruling of the…
1Opinion of the CourtStephens, J.
(After stating the foregoing facts.) The right to sue out a certiorari is a constitutional right and the writ lies *619to correct errors in any inferior judicatory. It lies to any final judgment entered in the municipal court of Atlanta. Johnston v. Brenau College-Conservatory, 146 Ga. 183 (91 S. E. 85); Young v. Broyles, 16 Ga. App. 356 (85 S. E. 366). Whether certiorari lies to the original judgment entered upon a verdict in that court after an unsuccessful effort has been made to have the judgment reviewed by that court is the question for our determination.
The finality of a judgment or order…
2Cases cited5 opinions
- Johnston v. Brenau College-ConservatorySupreme Court of Georgia · 1916
- Roach v. SulterSupreme Court of Georgia · 1875
- Moody v. StateCourt of Appeals of Georgia · 1914
- Young v. BroylesCourt of Appeals of Georgia · 1915
- Archie v. StateSupreme Court of Georgia · 1896
3Cited by10 opinions
- Louisville & Nashville Railroad v. LovelaceCourt of Appeals of Georgia · 1921
- Reese v. MillerCourt of Appeals of Georgia · 1925
- City Investment Co. v. CrawleySupreme Court of Georgia · 1938
- Autrey & Peebles v. Carson Naval Stores Co.Court of Appeals of Georgia · 1923
- Wrenn v. BowdenCourt of Appeals of Georgia · 1937
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