Heaton v. Hooper
Supreme Court of Georgia
Application for prohibition. Before Judge ICimsey. Stephens superior court. A case pending in a justice’s court was dismissed for want of prosecution. An appeal was entered to a jury in the same court. At a subsequent'term, before a jury was empaneled, the justice of the peace, on motion of defendant’s counsel, again dismissed the ease for want of prosecution.
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Application for prohibition. Before Judge ICimsey. Stephens superior court. A case pending in a justice’s court was dismissed for want of prosecution. An appeal was entered to a jury in the same court. At a subsequent'term, before a jury was empaneled, the justice of the peace, on motion of defendant’s counsel, again dismissed the ease for want of prosecution. At a later term, after notice to the defendant, a motion to reinstate was granted over the defendant’s objection, and the case ordered to stand for trial at the ensuing term. After the order reinstating the case, the justice of the…
1Opinion of the CourtAtkinson, J.
The notice issued by the justice of the peace required that the defendant show cause why the trial of the case should not proceed in the court where it was originally instituted. In response to that notice the defendant, who was subsequently the plaintiff in the application for writ of prohibition, could have set up any matter which he regarded as sufficient to prevent the further trial of the case, and the writ of certiorari would have been available to correct any error in the judgment rendered by the justice of the peace. The writ of prohibition will not lie where the applicant is afforded…
2Cases cited1 opinion
- Hudson v. PrestonSupreme Court of Georgia · 1910
3Cited by4 opinions
- City of Macon v. AndersonSupreme Court of Georgia · 1923
- Buie v. BuieSupreme Court of Georgia · 1932
- Magbee v. City of AtlantaSupreme Court of Georgia · 1935
- Riner v. FlandersSupreme Court of Georgia · 1931