Legal Opinion
Willims v. Mangum
Supreme Court of Georgia
Decided March 3, 1904PublishedCited by 6 opinions
Certiorari. Before Judge Lumpkin. Fulton superior court. April 24, 1903.
1Opinion of the CourtCobb, J.
The judge dismissed the certiorari, because the petition was not verified in the manner prescribed in the Civil Code, § 4638. Under the ruling in Taylor v. Gay, 20 Ga. 77 (3), which was followed in Taylor v. State, 118 Ga. 52, it was error to dismiss the certiorari. The failure to verify the petition is a good reason for the judge to refuse to sanction it (Paulk v. Hawkins, 106 Ga. 206); but after the petition has been sanctioned, and the answer of the magistrate filed, it is too late to dismiss the certiorari for the defect, in the affidavit, if the answer supports the allegations of the…
2Cases cited3 opinions
- Taylor v. GaySupreme Court of Georgia · 1856
- Paulk v. HawkinsSupreme Court of Georgia · 1898
- Taylor v. StateSupreme Court of Georgia · 1903
3Cited by6 opinions
- Simpkins v. JohnsonCourt of Appeals of Georgia · 1908
- Bass v. Masters & AgeeCourt of Appeals of Georgia · 1908
- Horton-Hughes Furniture Co. v. Broad Street Hotel Co.Court of Appeals of Georgia · 1918
- Blassingame v. StateSupreme Court of Georgia · 1906
- Kelley v. JonesCourt of Appeals of Georgia · 1918
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