Legal Opinion

City of Atlanta v. Schaffer

Supreme Court of Georgia

Decided February 5, 1980No. 35494PublishedCited by 10 opinions

1Opinion of the Court

Undercofler, Presiding Justice.

This is a certiorari to the Court of Appeals.

The question is whether the dismissal of certiorari by a superior court because a magistrate fails to answer timely and before a motion to dismiss bars a second certiorari filed within six months under Code Ann. § 3-808.

The essential facts here are as follows: On March 1, 1977, the Atlanta Municipal Court declared Schaffer’s establishment, the "Love Machine,” a nuisance per se and ordered it closed instanter. On March 9,1977, a certiorari from this judgment was filed in the Fulton Superior Court. The certiorari was…

2Cases cited15 opinions

  1. Clark v. NewsomeSupreme Court of Georgia · 1935
  2. Sutton v. StateSupreme Court of Georgia · 1904
  3. J. M. High Co. v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1913
  4. Turner v. StateCourt of Appeals of Georgia · 1952
  5. Hendricks v. StateCourt of Appeals of Georgia · 1944

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3Cited by10 opinions

  1. Copeland v. WhiteCourt of Appeals of Georgia · 1986
  2. Caswell v. CaswellCourt of Appeals of Georgia · 1982
  3. Buckler v. DeKalb CountyCourt of Appeals of Georgia · 2008
  4. Copeland v. WhiteCourt of Appeals of Georgia · 1984
  5. Harp v. SmithCourt of Appeals of Georgia · 1980

5 more not listed; retrieve them via the Exa API.

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