Legal Opinion

Stewart v. State

Supreme Court of Georgia

Decided March 23, 1896PublishedCited by 13 opinions

Petition for certiorari. Before Judge Hutchins. Jackson county. Stewart was tried by jury in the city court of Jackson county, for abandoning his child, and was found guilty. He presented his petition for certiorari to the judge of the superior court, alleging that the verdict was contrary to law, evidence, etc., and assigning error upon the charge of the trial judge.

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Petition for certiorari. Before Judge Hutchins. Jackson county. Stewart was tried by jury in the city court of Jackson county, for abandoning his child, and was found guilty. He presented his petition for certiorari to the judge of the superior court, alleging that the verdict was contrary to law, evidence, etc., and assigning error upon the charge of the trial judge. The judge of the superior court refused to grant the certiorari, on the ground that a motion for a new trial should have been made and determined by the judge of the city court before the petition for certiorari was sued out. To…

1Opinion of the Court

Atkinson, Justice.

The official report states the facts.

1. The city court for Jackson county is neither established co nomine by the constitution of this State, nor has there been a special act of the legislature establishing that court. We must therefore refer the- fact of its existence to the act of the General Assembly approved October 9th, 1891 (Acts 1890-91, vol. 1, p. 96), it being entitled “an act to establish city courts in counties having a population of fifteen thousand or more, where the same do not now exist, upon the recommendation of the grand juries of said counties; to define…

2Cases cited1 opinion

  1. White v. ClementsSupreme Court of Georgia · 1869

3Cited by13 opinions

  1. Welborne v. StateSupreme Court of Georgia · 1902
  2. Ash v. Peoples BankSupreme Court of Georgia · 1920
  3. Monford v. StateSupreme Court of Georgia · 1902
  4. Moody v. StateCourt of Appeals of Georgia · 1914
  5. Wells v. NewtonSupreme Court of Georgia · 1897

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