Kelley v. Jones
Court of Appeals of Georgia
Certiorari; from Forsyth superior court—Judge Morris. February 20, 1918. • The petition for certiorari states that upon the hearing of the ease, the court, “after examining a number of witnesses on each side,” passed an order, set out in’the petition; with which judgment the petitioner is dissatisfied, and “he alleges that the same is error and contrary to law, and that the sáme is contrary to evidence and the principles of justice and equity, and that when the evidence…
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Certiorari; from Forsyth superior court—Judge Morris. February 20, 1918. • The petition for certiorari states that upon the hearing of the ease, the court, “after examining a number of witnesses on each side,” passed an order, set out in’the petition; with which judgment the petitioner is dissatisfied, and “he alleges that the same is error and contrary to law, and that the sáme is contrary to evidence and the principles of justice and equity, and that when the evidence given upon said trial shall be correctly reported by the ordinary, it will utterly fail to show that the applicant H. L.…
1Opinion of the CourtWade, C. J.
1. Where one of the errors assigned in a petition for certiorari in a case in which evidence was introduced is that the judgment complained of was contrary to evidence, or was without evidence to support it and contrary to law, the petition should set forth the substance of all the evidence introduced; and a statement in the petition that a number of witnesses were examined on both sides, without setting out in substance what they testified, is insufficient, and would unquestionably warrant a refusal by the judge of the superior court *445to sanction the certiorari. Hayes v. Lithonia, 94 Ga. 552…
2Cases cited7 opinions
- Taylor v. GaySupreme Court of Georgia · 1856
- Willims v. MangumSupreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. PotterSupreme Court of Georgia · 1904
- Taylor v. StateSupreme Court of Georgia · 1903
- Horton-Hughes Furniture Co. v. Broad Street Hotel Co.Court of Appeals of Georgia · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lewis v. Clayton Bicycle Co.Court of Appeals of Georgia · 1926