Legal Opinion

Miller v. State

Supreme Court of Georgia

Decided November 7, 1906PublishedCited by 3 opinions

Petition, for certiorari. Before Judge Mitchell. Tift superior court. July 11, 1906.

1Opinion of the CourtEvans, J.

1. Unless the act creating a city court prescribes the method of taking a case by certiorari to the superior court, the procedure pointed out in the Civil Code, § 4637, is to be followed, as was done in the present ease. Dixon v. State, 121 Ga. 346.

2. The plaintiff in certiorari having complied with all the requirements of the law in regard to the time and manner of presenting his petition for certiorari to the judge of the superior court, and having affirmatively alleged that on the trial in the city court there was no proof of venue, the petition should have been sanctioned. Simpson v. Town…

2Cases cited2 opinions

  1. Dixon v. StateSupreme Court of Georgia · 1904
  2. Simpson v. Town of LumpkinSupreme Court of Georgia · 1904

3Cited by3 opinions

  1. Davis v. JoinerCourt of Appeals of Georgia · 1907
  2. Daniel v. Citizens Loan & Guarantee Co.Court of Appeals of Georgia · 1919
  3. Mosely v. StateCourt of Appeals of Georgia · 1917

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