Horton-Hughes Furniture Co. v. Broad Street Hotel Co.
Court of Appeals of Georgia
Certiorari; from Floyd superior court—Judge Wright. May 29, 1917. Certiorari to review a judgment of a justice’s court was sued out by Horton-Hughes Furniture Company, a partnership, of which W. D. Horton was a member.
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Certiorari; from Floyd superior court—Judge Wright. May 29, 1917. Certiorari to review a judgment of a justice’s court was sued out by Horton-Hughes Furniture Company, a partnership, of which W. D. Horton was a member. The affidavit to the petition was by him and began as follows: "I, W. D. Horton, of Horton-Salmon Furniture Company, do solemnly swear that the petition for certiorari is not filed in this ease for the purpose of delay only, and I verily believe I have a good cause for certiorari,” etc. The justice of the peace answered that he adopted.“the record as set out in the said…
1Opinion of the CourtWade, C. J.
The Civil Code (1910), § 5184 (Acts of 1857, p. 104), provides that no writ of certiorari shall be granted or issued, except to the court of ordinary, unless the party applying for the same, his agent, or attorney, shall make and file with his petition an affidavit verifying the statements of fact in the petition, and also alleging that “the petition for certiorari is not filed in (the case for the purpose of delay only.”
In the case of Willims v. Mangum, 119 Ga. 628 (46 S. E. 35), it was held, that “Where the judge of the superior court sanctions a petition for certiorari which is not…
2Cases cited8 opinions
- Taylor v. GaySupreme Court of Georgia · 1856
- Velvin v. AustinSupreme Court of Georgia · 1899
- Paulk v. HawkinsSupreme Court of Georgia · 1898
- Willims v. MangumSupreme Court of Georgia · 1904
- Taylor v. StateSupreme Court of Georgia · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McAllister v. City of East PointCourt of Appeals of Georgia · 1958
- Kelley v. JonesCourt of Appeals of Georgia · 1918
- Hunter v. HarvillCourt of Appeals of Georgia · 1947
- Meadows v. City of East PointCourt of Appeals of Georgia · 1961