Tibbs v. City of Atlanta
Supreme Court of Georgia
Certiorari. Before Judge Pendleton. Fulton superior court. December 18, .1905. Tibbs, a patrolman in tbe police department of tbe City of Atlanta, was tried before tbe board of police commissioners upon certain charges, specification No. 2 being in the following language: “ Circulating false reports against an officer, knowing them to be false when so circulated.”
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Certiorari. Before Judge Pendleton. Fulton superior court. December 18, .1905. Tibbs, a patrolman in tbe police department of tbe City of Atlanta, was tried before tbe board of police commissioners upon certain charges, specification No. 2 being in the following language: “ Circulating false reports against an officer, knowing them to be false when so circulated.” This was afterwards amplified so as to read as follows: “That officer Tibbs, on March 26, 1903, circulated a report by making an affidavit which is dated March 26, 1903, in which he states that on Monday morning, which was March 23,…
1Opinion of the Court
Cobb, P. <7.
(After stating the foregoing facts.)
1. The proceeding before the board of police commissioners was quasi judicial in its nature, and the judgment of the board is subject to review like that of any other tribunal exercising judicial functions. See Carr v. Augusta, 124 Ga. 116; Gill v. Brunswick, 118 Ga. 85, and cit.
2. The board, as organized for the purpose of trial, if not technically a court, was certainly about to proceed in the exercise of judicial functions. Its members partook both of the nature of judges and jurors. They were to decide both the law and the facts of the case…
2Cases cited7 opinions
- People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
- In re Davis' EstateMontana Supreme Court · 1891
- Carr v. City Council of AugustaSupreme Court of Georgia · 1905
- Kinney v. ZimplemanTexas Supreme Court · 1872
- Gill v. Mayor of BrunswickSupreme Court of Georgia · 1903
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3Cited by34 opinions
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- City of Valdosta v. SingletonSupreme Court of Georgia · 1944
- Marshall Impeachment CaseSupreme Court of Pennsylvania · 1949
- City of Atlanta v. Blackman Health Resort Inc.Supreme Court of Georgia · 1922
- Southeastern Greyhound Lines v. Georgia Public-Service CommissionSupreme Court of Georgia · 1935
29 more not listed; retrieve them via the Exa API.