Legal Opinion

Edwards v. City of Atlanta

Court of Appeals of Georgia

Decided June 9, 1953No. 34682PublishedCited by 1 opinion

1Opinion of the CourtCarlisle, J.

1. Where, on certiorari from a trial court, the certified copy of the certiorari bond is signed by one as agent for the surety named thereon, the authority of such agent must expressly appear (Taylor v. City of Atlanta, 84 Ga. App. 739, 67 S. E. 2d 143, and citations), as the validity of such bond is a condition precedent to obtaining a writ of certiorari. Hubert v. City of Thomasville, 18 Ga. App. 756 (90 S. E. 720), and the numerous citations.

2. Authority to execute a sealed instrument must itself be under seal. Overman v. Atkinson, 102 Ga. 750 (29 S. E. 758).

3. Where the certiorari bond is…

2Cases cited5 opinions

  1. Hubert v. City of ThomasvilleCourt of Appeals of Georgia · 1916
  2. Overman v. AtkinsonSupreme Court of Georgia · 1897
  3. Willhelms v. PartoineSupreme Court of Georgia · 1884
  4. Carroll v. Inner Shoe Tire Co.Court of Appeals of Georgia · 1917
  5. Taylor v. City of AtlantaCourt of Appeals of Georgia · 1951

3Cited by1 opinion

  1. Holloway v. City of AtlantaCourt of Appeals of Georgia · 1956

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