Legal Opinion

International Text Book Co. v. Fiel

Supreme Court of Georgia

Decided May 16, 1906PublishedCited by 2 opinions

Certiorari. Before Judge Pendleton. Fulton superior court. June 19, 1905.

1Opinion of the Court

Eish, O. J.

A notice that the defendant in the ease “has applied for and there has been issued a writ of certiorari in said cause, which is returnable,” 'etc., is not a sufficient .compliance with the requirement of the Civil Code, §4644, that notice shall be given of the sanction of the writ of certiorari. Ayer v. Kirkland, 65 Ga. 303; Bryans v. Mabry, 72 Ga. 208; Bunn v. Henderson, 113 Ga. 609.

Judgment affirmed.

All the Justices concur. Certiorari. Before Judge Pendleton. Fulton superior court. June 19, 1905. George B. Bush and May son & THU, for plaintiff in error. ■ Bdgar Latham, contra.

2Cases cited3 opinions

  1. Bunn v. HendersonSupreme Court of Georgia · 1901
  2. Bryans v. MabrySupreme Court of Georgia · 1883
  3. Ayer & Co. v. KirklandSupreme Court of Georgia · 1880

3Cited by2 opinions

  1. McConnell v. Folsom Bros.Court of Appeals of Georgia · 1908
  2. Suggs v. Mutual Investment Co.Court of Appeals of Georgia · 1930