Dixon v. State
Supreme Court of Georgia
Certiorari. Before Judge Mitchell. Berrien superior court. September term, 1904. In the city court of Tifton Dixon was convicted of a misdemeanor.
Read the full summary
Certiorari. Before Judge Mitchell. Berrien superior court. September term, 1904. In the city court of Tifton Dixon was convicted of a misdemeanor. He applied for a writ of certiorari, making the affidavit that it is not filed for the purpose of delay only, and that he is advised and believes that he has good cause for “ certiorarying ” the proceedings to the superior court; that he has not had a fair trial; that he has been wrongfully and illegally convicted; thát owing to his poverty he is unable to pay the cost, but gives security and bond as required by law.
1Opinion of the CourtLamar, J.
The certiorari was dismissed by the judge of the superior court, upon the sole ground that no proper bond had been given by the plaintiff in certiorari. This was error. In Daughtry v. State, 115 Ga. 819 (a certiorari from the city court of Waynesboro), and in Colvard v. State, 118 Ga. 13 (a certiorari from the city court of Forsyth), it appeared that the acts creating those courts did not provide a method by which a defendant could obtain the benefit of the writ of certiorari. But it was held that the right to the remedy existed; and the clear deduction from these cases is that if no other…
2Cases cited3 opinions
- Taylor v. GaySupreme Court of Georgia · 1856
- Daughtry v. StateSupreme Court of Georgia · 1902
- Colvard v. StateSupreme Court of Georgia · 1903
3Cited by11 opinions
- Manufacturing Co. v. . ArnoldSupreme Court of North Carolina · 1947
- Safie Manufacturing Co. v. ArnoldSupreme Court of North Carolina · 1947
- Young v. BroylesCourt of Appeals of Georgia · 1915
- Davis v. JoinerCourt of Appeals of Georgia · 1907
- Miller v. StateSupreme Court of Georgia · 1906
6 more not listed; retrieve them via the Exa API.