Neal v. Neal
Supreme Court of Georgia
Certiorari. Before Judge Holden. Glascock superior court. November 18, 1904. ■ J. W. Neal filed his petition to the ordinary of Glascock county, alleging; in brief, as follows: He had been in constant and uninterrupted use of a permanent right of way or road over the lan.ds of T. J. Neal for more than two years before it. was closed and obstructed.
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Certiorari. Before Judge Holden. Glascock superior court. November 18, 1904. ■ J. W. Neal filed his petition to the ordinary of Glascock county, alleging; in brief, as follows: He had been in constant and uninterrupted use of a permanent right of way or road over the lan.ds of T. J. Neal for more than two years before it. was closed and obstructed. The ordinary, on proper proceedings filed for that purpose, on April 1, 1904, granted an order requiring T. J. Neal to remove obstructions which he had placed in such road. Petitioner now desires that the private way be made permanent and be…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1. When a petition for certiorari has been sanctioned, and the writ issued, on the hearing in the superior court the petition can not be amended. Singer Mfg. Co. v. Walker, 72 Ga. 649; Western & Atlantic R. Co. v. Jackson, 81 Ga. 478. But the writ of certiorari itself is issued by the clerk of the superior court under the sanction of the judge, and if, as clearly appears here, the clerk by some accident affixed an erroneous date to it, the judge of the superior court had authority to pass an order to have the clerical error corrected, so that the writ issuing out of…
2Cases cited8 opinions
- Gaines v. LunsfordSupreme Court of Georgia · 1904
- Lowery v. StateSupreme Court of Georgia · 1884
- Charleston & Western Carolina Railway Co. v. FlemingSupreme Court of Georgia · 1903
- Watkins v. Country ClubSupreme Court of Georgia · 1904
- Chattanooga, Rome & Southern Railroad v. PhilpotSupreme Court of Georgia · 1900
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3Cited by5 opinions
- Calhoun v. OzburnSupreme Court of Georgia · 1938
- Barnes v. HolcombCourt of Appeals of Georgia · 1926
- Hackett v. TateCourt of Appeals of Georgia · 1916
- Porter v. FosterSupreme Court of Georgia · 1916
- Davis v. CunninghamCourt of Appeals of Georgia · 1923