Bass v. City of Milledgeville
Supreme Court of Georgia
Certiorari. Before Judge Lewis. Baldwin superior court. July 13, 1904. Bass was arraigned before the recorder of the City of Milledgeville, charged in an affidavit and warrant with conducting, “ in a tumultuous manner,” a private boarding-house without a license, “ to the terror of the citizens and to the disturbance of the public tranquility.”
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Certiorari. Before Judge Lewis. Baldwin superior court. July 13, 1904. Bass was arraigned before the recorder of the City of Milledgeville, charged in an affidavit and warrant with conducting, “ in a tumultuous manner,” a private boarding-house without a license, “ to the terror of the citizens and to the disturbance of the public tranquility.” Having been convicted and sentenced by the recorder, he sued out a petition for certiorari, which was dismissed in the superior court on the ground that the petition and writ had not been delivered to the recorder within fifteen days prior to the term…
1Opinion of the CourtCobb, J.
It is settled that a petition for certiorari is such a suit as can be renewed under the provisions of the Civil Code, § 3786. Hendrix v. Kellogg, 32 Ga. 435 ; Mercer v. Davidson, 80 Ga. 495. If, however, such a petition be void for any reason, the suit can not be renewed. Citizens Banking Co. v. Paris, 119 Ga. 517, and cit. The Civil Code, § 4643, requires that the petition and the writ shall be delivered to the party to whom the writ is directed, at least fifteen days previous to the term of the superior court to which the return is to be 'made. The question to be decided, therefore, is…
2Cases cited10 opinions
- Citizens Banking Co. v. ParisSupreme Court of Georgia · 1904
- Hill v. StateSupreme Court of Georgia · 1902
- Hendrix v. KelloggSupreme Court of Georgia · 1861
- Toole v. Davenport & SmithSupreme Court of Georgia · 1879
- Southern Railway Co. v. GoodrumSupreme Court of Georgia · 1902
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