Grimes v. Jones
Supreme Court of Georgia
Certiorari. Statute of limitations. Before Judge Harreee. Early County. At Chambers. July 1st, 1872. Humphrey Grimes petitioned for the writ of certiorari in the case of P. B. & J. F. Jones, against petitioner, tried in the Justice Court of the eight hundred and sixty-sixth district. The petition was sanctioned and the writ issued.
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Certiorari. Statute of limitations. Before Judge Harreee. Early County. At Chambers. July 1st, 1872. Humphrey Grimes petitioned for the writ of certiorari in the case of P. B. & J. F. Jones, against petitioner, tried in the Justice Court of the eight hundred and sixty-sixth district. The petition was sanctioned and the writ issued. On the 6th day of April, 187k, during the regular term of the Superior Court of the county of Early, said writ was dismissed upon the ground that no affidavit in forma pauperis had been filed. On July 1st, 1872, a second pet’tion for the writ of certiorari was…
1Opinion of the Court
TrippE, Judge.
1. The second application for the writ of certiorari was made within three months from the time the first writ was dismissed, but not within three months from the decision of the Justice complained of. By the law in force in 1861, the writ of certiorari could be sued out within six months from the time of the decision complained of. Under that law, this Court held in Hendrix vs. Kellogg, 32 Georgia, 436, that where such a writ is *271dismissed or non-suited, etc., the plaintiff may renew his application within six months from such dismissal, *non-suit, etc. This decision was made by…
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