Legal Opinion

Cook v. City of Atlanta

Court of Appeals of Georgia

Decided June 15, 1909No. 1872PublishedCited by 2 opinions

Certiorari, from Fulton superior court — Judge Pendleton. . April 5, 1909.

1Opinion of the CourtHill, C. J.

1. Where on certiorari from the finding of the recorder of the City of Atlanta it appears that there was no proof of the venue, the superior court can remand the case for another trial.

2. Although the finding of the recorder of the City of Atlanta in a criminal case may be without any evidence to support it, this does not make the finding “an error in law which must finally govern the ease,” requiring the judge of the superior court on certiorari to render a final decision in the case, but he may send the case back for another trial.

3. The other assignment of error is controlled by the…

2Cases cited2 opinions

  1. Callaway v. MimsCourt of Appeals of Georgia · 1908
  2. Athens v. City of AtlantaCourt of Appeals of Georgia · 1909

3Cited by2 opinions

  1. Arnold v. StateCourt of Appeals of Georgia · 1953
  2. Grinstead v. City of HawkinsvilleCourt of Appeals of Georgia · 1921

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