Legal Opinion

Butts v. State

Supreme Court of Georgia

Decided October 8, 1892PublishedCited by 8 opinions

Practice. Service. Certiorari. Before Judge Miller. Bibb superior court. April term, 1892.

1Opinion of the Court

Simmons, Justice.

The counsel who represented the State as solicitor-general pro tem. of the city court of Macon on the trial of the case in that court, acknowledged service of notice of the sanction of a writ of certiorari to the superior court, *451and of the time and place of hearing. The judge of the superior court dismissed the certiorari for want of service on the solicitor-general of the circuit.

We think the dismissal was proper. The statute requires that the notice shall be given “to the opposite party in interest, his agent or attorney,” etc. Code, §4059. The authority of the solicitor…

2Cases cited4 opinions

  1. Oliver v. StateSupreme Court of Georgia · 1880
  2. McColers v. StateSupreme Court of Georgia · 1884
  3. Meeks v. StateSupreme Court of Georgia · 1891
  4. Hackey v. StateSupreme Court of Georgia · 1854

3Cited by8 opinions

  1. Moore v. StateSupreme Court of Georgia · 1895
  2. Glenn v. StateSupreme Court of Georgia · 1905
  3. Johnson v. StateCourt of Appeals of Georgia · 1907
  4. Scott v. StateCourt of Appeals of Georgia · 1947
  5. Washburn v. ThompsonCourt of Appeals of Georgia · 1948

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