Livingston v. Livingston
Supreme Court of Georgia
Certiorari, in Chattahoochee Superior Court. Decision by Judge Kiddoo, November 24th, 1857. This case came on upon exceptions to a decision of Judge Kiddoo, overruling a motion to dismiss a writ of certiorari which had been issued under the following circumstances: John Livingston, the defendant in error, on the 1st of January, 1857, sued out a possessory warrant before Mark A. George, one of the Justices of the Inferior Court, against Wingfield W. Livingston, the plaintiff…
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Certiorari, in Chattahoochee Superior Court. Decision by Judge Kiddoo, November 24th, 1857. This case came on upon exceptions to a decision of Judge Kiddoo, overruling a motion to dismiss a writ of certiorari which had been issued under the following circumstances: John Livingston, the defendant in error, on the 1st of January, 1857, sued out a possessory warrant before Mark A. George, one of the Justices of the Inferior Court, against Wingfield W. Livingston, the plaintiff in error, for the recovery of two negro slaves; and upon the hearing of the case, it was ordered that W. W. Livingston…
1Opinion of the CourtBenning, J.
By the Court. delivering the opinion.
Was the judgment overruling the motion to dismiss the certiorari, right ?
The first ground of the motion was, “Because a certiorari is a creature of our Legislature, and cannot be carried beyond the provisions of the same.”
It is understood, that the meaning of this, is, that none of the Acts of the Legislature, relating to certiorari extend to a habeas corpus case like the present; and that there cannot be a certiorari in any case unless there is some Act of the Legislature to authorize it in that case.
The first of these two propositions, may be admitted,…
2Cited by15 opinions
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- State Ex Rel. Hannah v. SeierSupreme Court of Missouri · 1983
- McDonald v. Farmers Supply Co.Supreme Court of Georgia · 1915
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