Franke v. May
Supreme Court of Georgia
Certiorari. Notice. Practice. Before Judge Miller. Bibb superior court. April term, 1890. The. certiorari was dismissed upon the ground that written notice of the sanction, of the writ and of the time and place of hearing had not been given to the defendant in certiorari or her attorney; and the exception is to this ruling, and further, that the judge below erred in refusing to order a new trial to be had in the court of ordinary, from which court the case was taken by…
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Certiorari. Notice. Practice. Before Judge Miller. Bibb superior court. April term, 1890. The. certiorari was dismissed upon the ground that written notice of the sanction, of the writ and of the time and place of hearing had not been given to the defendant in certiorari or her attorney; and the exception is to this ruling, and further, that the judge below erred in refusing to order a new trial to be had in the court of ordinary, from which court the case was taken by certiorari, inasmuch as it appeared that the judge of that court, before whom the case was tried, had died before answering…
1Opinion of the Court
Bleckley, Chief Justice.
The requirement of the statute as to notice is, that “ The plaintiff in certiorari shall cause written notice to be given to the opposite party in interest, his agent- or attorney, of the sanction of the writ of certiorari, and also the time and place of hearing, at least ten days before the sitting of the court to which the same shall be returnable, and in default of such notice (unless prevented by unavoidable cause) the certiorari shall be dismissed.” Code, §4059. How this statute has generally been construed and administered may be seen by reference to the…
2Cases cited6 opinions
- L. J. Glenn & Son v. ShearerSupreme Court of Georgia · 1871
- Toole v. Davenport & SmithSupreme Court of Georgia · 1879
- McAlister v. StateSupreme Court of Georgia · 1887
- Milam v. SproullSupreme Court of Georgia · 1867
- Bryans v. MabrySupreme Court of Georgia · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McConnell v. Folsom Bros.Court of Appeals of Georgia · 1908
- Morrison v. BrownCourt of Appeals of Georgia · 1917
- Bunn v. HendersonSupreme Court of Georgia · 1901
- Goldberg v. City of AtlantaCourt of Appeals of Georgia · 1944
- McGee v. Lowry National BankCourt of Appeals of Georgia · 1911
6 more not listed; retrieve them via the Exa API.