Legal Opinion
Scott v. Oxford
Court of Appeals of Georgia
Decided January 19, 1962No. 39236PublishedCited by 17 opinions
1Opinion of the Court
Custer, Judge.
Prior to the act of 1961 (Ga. L. 1961, p. 190), certiorari proceedings were not amendable and the failure to file a proper bond resulted in the dismissal of the case because the petition was in such circumstances absolutely void. Hamilton & Co. v. Phenix Ins. Co., 107 Ga. 728 (33 SE 705). The act amending certiorari procedure substituted a new Code Section (Code Ann. § 19-403), as follows: “Certiorari proceedings shall be amendable at any stage, as to matters of form or substance, both as to the petition, bond, answer and traverse and a valid bond may by amendment be substituted…
2Cases cited16 opinions
- Pritchard v. Savannah Street & Rural Resort RailroadSupreme Court of Georgia · 1891
- Studstill v. Aetna Casualty & Surety Co.Court of Appeals of Georgia · 1960
- Dykes v. Twiggs CountySupreme Court of Georgia · 1902
- Seaboard Air-Line Railway Co. v. BentonSupreme Court of Georgia · 1932
- Hamilton & Co. v. Phenix InsuranceSupreme Court of Georgia · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cohen v. GarlandCourt of Appeals of Georgia · 1969
- United States Fidelity & Guaranty Co. v. Ryder Truck Lines, Inc.Court of Appeals of Georgia · 1981
- Buckler v. DeKalb CountyCourt of Appeals of Georgia · 2008
- Ballard v. FreyCourt of Appeals of Georgia · 1984
- Foster v. BowenSupreme Court of Georgia · 1984
12 more not listed; retrieve them via the Exa API.