L. J. Glenn & Son v. Shearer
Supreme Court of Georgia
Certiorari. Practice in Supreme Court. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. At October Term, 1867, of the Justices Court of the 1026 District, Georgia Militia, L. J. Glenn & Son obtained a judgment against Charles Shearer. In February, 1869, they garnisheed Wm. Shearer on said judgment. He answered that he owed Charles Shearer nothing, etc., and his answer was traversed.
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Certiorari. Practice in Supreme Court. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. At October Term, 1867, of the Justices Court of the 1026 District, Georgia Militia, L. J. Glenn & Son obtained a judgment against Charles Shearer. In February, 1869, they garnisheed Wm. Shearer on said judgment. He answered that he owed Charles Shearer nothing, etc., and his answer was traversed. This issue came on for trial before B. D. Smith, Notary Public and ex officio Justice of the Peace for the same district, who had issued the garnishment. He dismissed it upon the ground that he had…
1Opinion of the Court
Warner, Judge.
This was a certiorate from a Justice’s Court, and on the hearing thereof in the Superior Court the certiorari was dismissed, but on what special ground the Court dismissed it does not appear. On looking into the record it appears that the certiorari was sanctioned by the presiding Judge on the 5th day of March, 1869. There is no evidence in the record of any written notice having been given of the sanction of the writ of certiorari as required by the 3987th section of the Code, and therefore the certiorari was properly dismissed by the Court below on that ground. In Turner vs.…
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