Legal Opinion

Mosely v. State

Court of Appeals of Georgia

Decided October 30, 1917No. 8961, 8962Published

Certiorari; from Effingham superior court — Judge Sheppard. May 5, 1917.

1Opinion of the CourtBroyles, P. J.

1. As no method of taking a ease by certiorari to the superior court from the city court of Springfield is prescribed by the act creating that court (Acts 1908, p. 211), a petition for certiorari to •correct errors of the city court of Springfield is properly verified by an affidavit in the form contained in Civil Code (1910), § 5184. In such a case the affidavit provided for in Park’s Ann. Penal Code, 790 (ff), is not applicable. Dixon v. State, 121 Ga. 346 (49 S. E. 311); Miller v. State, 126 Ga. 558 (55 S. E. 405); Hood v. State, 4 Ga. App. 847 (62 S. E. 570).

2. Under the ruling in the…

2Cases cited3 opinions

  1. Dixon v. StateSupreme Court of Georgia · 1904
  2. Hood v. StateCourt of Appeals of Georgia · 1908
  3. Miller v. StateSupreme Court of Georgia · 1906

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