Milam v. Sproull
Supreme Court of Georgia
Certiorari from Inferior Court of Bartow County. Decided by Judge Milner, Chambers. Certain citizens of Bartow County petitioned the Justices of its Inferior Court that they order “ the road leading from near Dr. Thomas Milam’s so as to intersect the Cartersville road near Mrs. Burges’, (it being an old established road, and used by many citizens as a mill and church road, and recently closed up by Mrs. Rebecca Sproull,)” to be opened.
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Certiorari from Inferior Court of Bartow County. Decided by Judge Milner, Chambers. Certain citizens of Bartow County petitioned the Justices of its Inferior Court that they order “ the road leading from near Dr. Thomas Milam’s so as to intersect the Cartersville road near Mrs. Burges’, (it being an old established road, and used by many citizens as a mill and church road, and recently closed up by Mrs. Rebecca Sproull,)” to be opened. Thereupon the Justices appointed three reviewers to examine and report upon the same. They reported that the proposed road was practicable and ought to be…
1Opinion of the CourtWalker, J.
1. The application for a writ of certiorari was made in open Court. The Judge from the bench notified the opposite counsel of the application, and that counsel objected to the granting of the writ until the exceptions signed by the Inferior Court should be produced, and the Judge refused his sanction until the cause of this objection was removed. If the counsel did not examine the petition for certiorari, how did he know that the bill of exceptions did not accompany it ? The petitioned was backed, showing to what term of the Court it was made returnable. It was applied for and granted in open…
2Cited by6 opinions
- McConnell v. Folsom Bros.Court of Appeals of Georgia · 1908
- Franke v. MaySupreme Court of Georgia · 1891
- Carter v. GarrettSupreme Court of Georgia · 1901
- Delinski v. DunnSupreme Court of Georgia · 1951
- Fields v. AlbertCourt of Appeals of Georgia · 1960
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