Kelly v. Jackson
Supreme Court of Georgia
Certiorari. Courts. Savannah. Practice in Superior Court.- Constitutional Law. Before Judge FLEMING. Chatham Superior Court. March Term, 1881. This case was commenced by attachment issued November 19th, 1880, by a justice of. the peace in the city of Savannah, in favor of a discharged seaman against the owners of the barque “Wild Hunter,” returnable to December term, 1880, of his court.
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Certiorari. Courts. Savannah. Practice in Superior Court.- Constitutional Law. Before Judge FLEMING. Chatham Superior Court. March Term, 1881. This case was commenced by attachment issued November 19th, 1880, by a justice of. the peace in the city of Savannah, in favor of a discharged seaman against the owners of the barque “Wild Hunter,” returnable to December term, 1880, of his court. It was levied the same day, and a notice was also served upon the master of the vessel from which plaintiff in attachment alleged he had been illegally discharged, that the case would be tried the next day,…
1Opinion of the Court
Jackson, Chief Justice.
1. There was no error in not dismissing the certiorari, because it was not allowed or presented within twenty-four hours from the rendition of the judgment. The judgment was rendered on Saturday. The next day, Sunday, the judge left Savannah for McIntosh court, where the petition was forwarded, presented and allowed as soon as the judge could be reached. Code, §4965.
2. The court did err in dismissing the certiorari on account of the want of a certificate that bond was given and costs paid under section 4054 of the Code. There was a certificate that costs were paid, and…
2Cases cited2 opinions
- Fuller v. ArnoldSupreme Court of Georgia · 1880
- Pettingall v. NolanSupreme Court of Georgia · 1855
3Cited by7 opinions
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- Clark v. Morris Plan BankSupreme Court of Georgia · 1942
- James v. ThompsonSupreme Court of Georgia · 1918
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