Butler v. Farley
Supreme Court of Georgia
Certiorari. Before Judge Beck. Monroe superior court. August term, 1895. In the case of Earley, plaintiff in fi. fa., v. Sanders, defendant, and Butler, claimant, there being a verdict against the claimant by a jury in a justice’s court, claimant carried the cause by certiorari to the superior court.
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Certiorari. Before Judge Beck. Monroe superior court. August term, 1895. In the case of Earley, plaintiff in fi. fa., v. Sanders, defendant, and Butler, claimant, there being a verdict against the claimant by a jury in a justice’s court, claimant carried the cause by certiorari to the superior court. Upon the certiorari being called, counsel for plaintiff in fi. fa. moved to dismiss the same, upon the ground that it did not properly appear that there had been ten days notice of the sanction of the writ and of the time and place of hearing, that the method of service was by posting said notice…
1Opinion of the CourtLumpkin, J.
1. The mere fact that a written notice of the sanction of a writ of certiorari, and of the time and place of hearing the same, was mailed to an attorney for the defendant in certiorari, without proof that the notice was actually received by him, is not sufficient evidence to show service of such notice.
2. There was no abuse of discretion in refusing to postpone the trial of a certiorari case in order to allow counsel for the plaintiff in certiorari to produce evidence that a notice of the kind *632■above indicated an'd sent by mail in fact reached the bands of* ■tbe attorney of tbe defendant in…
2Cited by1 opinion
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