Legal Opinion

Peoples Bank of Oliver v. Ash

Court of Appeals of Georgia

Decided June 28, 1916No. 6703PublishedCited by 2 opinions

Certiorari; from Effingham superior court — Judge Sheppard. May 18, 1915.

1Opinion of the CourtWade, C. J.

1. Whether or not the written notice of the sanction of the certiorari or of the time and place of the hearing sufficiently complied with the requirements of the Civil Code, § 5190, “the defendant in certiorari having actually appeared in the case in the superior court, and filed exceptions to the answer,of the magistrate, and having invoked a hearing on these exceptions, it would be trifling with the court for him subsequently to be allowed, when his exceptions had been overruled, to complain that he had not received the notice required by the statute.” Atlanta Woodenware Co. v. Franklin, 11…

2Cases cited3 opinions

  1. Parker-Hensel Engineering Co. v. SchulerSupreme Court of Georgia · 1909
  2. Atlanta Woodenware Co. v. Franklin & RidleyCourt of Appeals of Georgia · 1912
  3. Ivey v. PayneSupreme Court of Georgia · 1911

3Cited by2 opinions

  1. Glover v. Berry SchoolsCourt of Appeals of Georgia · 1954
  2. Mathis v. Timmons, McWhite & Co.Court of Appeals of Georgia · 1916

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