Simpkins & Co. v. Hester
Court of Appeals of Georgia
Certiorari, from Effingham superior court — Judge Seabrook.. May 16, 1907. Simpkins & Company sued Hester in a justice’s court. • A judgment was rendered against him, and he appealed to a jury in that-court. Pending the appeal the plaintiffs dismissed their suit, and the dismissal was duly entered on the docket.
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Certiorari, from Effingham superior court — Judge Seabrook.. May 16, 1907. Simpkins & Company sued Hester in a justice’s court. • A judgment was rendered against him, and he appealed to a jury in that-court. Pending the appeal the plaintiffs dismissed their suit, and the dismissal was duly entered on the docket. At a subsequent-term of the court a justice of an adjoining district presided, and the defendant appeared before him and moved that the case be-reinstated and tried. 'He-granted the motion to reinstate, on the-ground that after a plea of recoupment had been filed the plaintiffs had no…
1Opinion of the CourtHill, C. J.
1. A justice of the peace has no authority to .preside in a ease-outside his district, unless the justice or notary of the district in which the case is pending is disqualified, or parties litigant consent. Civil Code, §4072.
2. A judgment rendered by a justice unauthorized to preside as a justice in the district where it was rendered is a nullity and of no effect.
3. The office of the writ of certiorari is to review erroneous verdicts and judgments by some inferior judicatory or person lawfully exercising-judicial powers. It does not lie to review a void judgment by a court legally…
2Cases cited3 opinions
- Sawyer v. City of BlakelyCourt of Appeals of Georgia · 1907
- Bass v. City of MilledgevilleSupreme Court of Georgia · 1905
- People ex rel. Ricketts v. MooreNew York Supreme Court · 1888
3Cited by9 opinions
- Griggs v. City of MaconSupreme Court of Georgia · 1922
- McDonald v. Farmers Supply Co.Supreme Court of Georgia · 1915
- Allied Mortgage Companies Inc. v. GilbertSupreme Court of Georgia · 1940
- Anderson v. Ledbetter-Johnson ContractorsCourt of Appeals of Georgia · 1940
- Little v. McCallaCourt of Appeals of Georgia · 1917
4 more not listed; retrieve them via the Exa API.