Legal Opinion

Bennett v. Griner

Court of Appeals of Georgia

Decided April 18, 1914No. 5384PublishedCited by 1 opinion

Certiorari; from Berrien superior court — Judge Thomas, October 31, 1913.

1Opinion of the CourtWade, J.

1. The superior court must look to the answer of the magistrate or judge of the lower court, and not to the petition for the writ of certiorari, to ascertain what occurred upon the trial of the case below; and where the answer fails to verify the allegations of the petition, and no steps are taken to perfect the answer, nothing is presented for de-' termination by either the superior court or this court. Brown v. Gaines-ville, 125 Ga. 238 (53 S. E. 1002) ; Knowles v. Coachman, 109 Ga. 358 (34 S. E. 607); Gartrell v. Linn, 79 Ga. 700 (4 S. E. 918) ; Hopkins v. Southern Railway Co., 110 Ga. 87…

2Cases cited5 opinions

  1. Gartrell v. LinnSupreme Court of Georgia · 1888
  2. Hopkins v. Southern Railway Co.Supreme Court of Georgia · 1900
  3. Knowles v. CoachmanSupreme Court of Georgia · 1899
  4. Ridgway v. BryantCourt of Appeals of Georgia · 1911
  5. Brown v. City of GainesvilleSupreme Court of Georgia · 1906

3Cited by1 opinion

  1. Davis v. ThompsonCourt of Appeals of Georgia · 1914

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API