Brown & Wright v. Smith & Leonard
Supreme Court of Georgia
Certiorari, from Calhoun county, decision by Judge Allen, at November, Term, 1857. Brown and Wright had sued out a certiorari from the Superior Court, directed to the Justice of the Peace of the 1133 district, requiring him to certify and send up to the Superior Court, to be held on the 4th Monday in May next, the proceedings in a cause, wherein exception had been taken to his judgment.
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Certiorari, from Calhoun county, decision by Judge Allen, at November, Term, 1857. Brown and Wright had sued out a certiorari from the Superior Court, directed to the Justice of the Peace of the 1133 district, requiring him to certify and send up to the Superior Court, to be held on the 4th Monday in May next, the proceedings in a cause, wherein exception had been taken to his judgment. The certiorari issued 13th November 1857, and served on the Justice 15th day of the same month. M the November Term 1857, of the Superior Court of Calhoun county, the attorneys for Smith and Leonard, called up…
1Opinion of the CourtLumpkin, J.
By the Court. delivering the opinion.
The petition for certiorari in the case was sworn to and filed the 12th of November 1857. The writ of certiorari was issued by the Clerk on the 13th and service acknowledged on the 15thof the same month. The Justices of the Peace whose judgment was complained of, were commanded to certify and send up their proceedings, to the the May Term, 1858, of the Superior Court of Calhoun county. .
The only question for our opinion is, could the Judge of the Superior Court hear and determine the case, before the Term to which it was properly made returnable by law ?…
2Cited by3 opinions
- Adamson v. GaultneyCourt of Appeals of Georgia · 1947
- Brackett v. SebastianCourt of Appeals of Georgia · 1916
- Brown v. SealsCourt of Appeals of Georgia · 1915