Legal Opinion
Johnson v. Barrett
Court of Appeals of Georgia
Decided May 2, 1921No. 12128PublishedCited by 4 opinions
Certiorari; from Fulton superior court — Judge Pendleton. December 8, 1920.
1Opinion of the CourtStephens, J.
1. The writ of certiorari does not lie to correct a judgment of an inferior judiciatory until after a final determination of the cause. A judgment of an inferior judiciatory overruling a demurrer to a petition not being a final determination of the cause, the writ of certiorari does not lie to review such judgment where the cause is still pending in the trial court and before it has been finally determined. Singer Mfg. Co. v. McNeal Paint & Glass Co., 117 Ga. 1005 (44 S. E. 801); Everidge v. Berrys, 93 Ga. 760 (20 S. E. 644); Civil Code, (1910), § 5188.
2. The judge of the superior court…
2Cases cited2 opinions
- Everidge v. Berrys & Co.Supreme Court of Georgia · 1894
- Single Manufacturing Co. v. McNeal Paint & Glass Co.Supreme Court of Georgia · 1903
3Cited by4 opinions
- Nalley & Co. v. MooreCourt of Appeals of Georgia · 1935
- Reed v. Kriegshaber & Son Inc.Court of Appeals of Georgia · 1931
- Felker v. FreemanCourt of Appeals of Georgia · 1933
- General Electric Service Corp. v. Holloway Lumber Co.Court of Appeals of Georgia · 1953