Green v. Patterson
Court of Appeals of Georgia
Certiorari; from Pulton superior court—Judge Pendleton. October 30, 1919. On June 5, 1918, in a case tried before Judge L. Z. Rosser, one of the judges of the municipal court of Atlanta, judgment was rendered for the plaintiff.
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Certiorari; from Pulton superior court—Judge Pendleton. October 30, 1919. On June 5, 1918, in a case tried before Judge L. Z. Rosser, one of the judges of the municipal court of Atlanta, judgment was rendered for the plaintiff. An oral motion for a new trial was overruled, and a petition for certiorari was presented, in which it was alleged that “the court did, on June 5, 1918, render judgment in favor of the plaintiff and against this defendant for the suni of $160.00 principal, $33.60 interest to date, but no judgment for costs was rendered.' Upon the rendition of said judgment counsel made…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.)
An examination of the assignment of error in the petition for *376certiorari, which is copied in the foregoing statement of facts, will show that it is not clear whether movant sought to except to the original judgment awarding $160.00 principal and $33.60 interest, ox to the order overruling his oral motion for new trial. However, plaintiff in error cannot complain if this court resolves the uncertainty in favor of his contention as set out in the bill of exceptions as follows: “That the certiorari shows on its face that it was taken from the final judgment,…
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