Johns v. McBride
Court of Appeals of Georgia
Certiorari; from Bibb superior court — Judge Malcolm D. Jones. August 20, 1921.
1Opinion of the CourtJenkins, P. J.
1. While the sanction of a certiorari operates as a supersedeas to hold the case in statu quo from that time (Oivil Code of 1910, § 5191), it does not operate retroactively to undo what has previously been done under the judgment complained of. Seamans v. King, 79 Ga. 611, 613 (5 S. E. 53); Gurr v. Gurr, 95 Ga. 559 (22 S. E. 304); Board of Commrs. of Burke County v. Wimberly, 55 Ga. 570; Herrington v. Block, 98 Ga. 236, 237 (25 S. E. 426).
2. The plaintiff’s exceptions to the trial judge’s answer merely set up that before the certiorari had been sanctioned, an execution had been issued and…
2Cases cited8 opinions
- Weinkle & Sons v. Brunswick & Western RailroadSupreme Court of Georgia · 1899
- Cox v. GradySupreme Court of Georgia · 1909
- Macon Consolidated Street Railroad v. JonesSupreme Court of Georgia · 1902
- Board of Commissioners v. WimberlySupreme Court of Georgia · 1876
- Ferry & Co. v. Mattox & TurnerSupreme Court of Georgia · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Felker v. JohnsonSupreme Court of Georgia · 1940
- Tanner v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1932
- Smith v. WhitakerCourt of Appeals of Georgia · 1929