Wood v. Fairfax Loan & Investment Co.
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
1. “Where a valid certiorari has been dismissed, it may be renewed within six months, under the provisions of section 4381 of the Civil Code (1910)” (Gragg Lumber Co. v. Collins, 37 Ga. App. 76 (3), 139 S. E. 84) ; but “a petition for certiorari void for any reason can not be renewed.” Talley v. Commercial Credit Co , 173 Ga. 828, 833 (161 S. E. 832). “A petition for certiorari which does not ‘plainly and distinctly set forth’ an assignment of error on any ruling, decision, or judgment of the inferior judicatory is void; and being void, no renewal thereof can be had within six months.”…
2Cases cited20 opinions
- Citizens Banking Co. v. ParisSupreme Court of Georgia · 1904
- Newberry v. TenantSupreme Court of Georgia · 1904
- Callaway v. City of AtlantaCourt of Appeals of Georgia · 1909
- Rodgers v. BlackSupreme Court of Georgia · 1896
- Meeks v. CarterCourt of Appeals of Georgia · 1909
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3Cited by1 opinion
- Valdosta Hotel Properties, LLC v. WhiteCourt of Appeals of Georgia · 2006