Legal Opinion

Bolton v. City of Newnan

Supreme Court of Georgia

Decided November 17, 1917PublishedCited by 24 opinions

Certiorari; from Coweta superior court.

1Opinion of the CourtGilbert, J.

1. Where it does not appear from the record that issues were made in the trial court, they can not be raised by certiorari in the superior court, and reviewed in this court. Hood v. Griffin, 113 Ga. 190 (38 S. E. 409); Duren v. Thomasville, 125 Ga. 1 (53 S. E. 814) ; Hardy v. Eatonton, 128 Ga. 27 (57. S. E. 99).

2. The constitutional issues were raised for the first time in a certiorari to the superior court from a judgment in the municipal court. Therefore the superior court could not consider, nor can this court review, these assignments of error.

3. It follows from the above rulings that…

2Cases cited3 opinions

  1. Duren v. City of ThomasvilleSupreme Court of Georgia · 1906
  2. Hood v. Mayor of GriffinSupreme Court of Georgia · 1901
  3. Hardy v. Mayor of EatontonSupreme Court of Georgia · 1907

3Cited by24 opinions

  1. Smith v. Mayor C. of MacOnSupreme Court of Georgia · 1947
  2. Thompson v. AllenSupreme Court of Georgia · 1943
  3. Harris v. StateSupreme Court of Georgia · 1917
  4. Dodys v. StateCourt of Appeals of Georgia · 1945
  5. Edwards v. McNair & SellersSupreme Court of Georgia · 1922

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API