Kelley v. Pafford
Court of Appeals of Georgia
Certiorari; from Berrien superior court—Judge Dickerson. September 4, 1922.
1Opinion of the CourtStephens, J.
1. The judgment overruling the certiorari, which was rendered in vacation, without an order passed in term time setting the hearing, and without compliance with the provisions of section 4853 of the Civil Code (1910), was void. Lott v. Wood, 135 Ga. 821 (70 S. E. 661).
2. The bill of exceptions brought by the defendant in certiorari, excepting to the rendition of the judgment in vacation, upon the ground of its invalidity, will not be dismissed; but since the judge of the superior court erred in taking jurisdiction, the judgment will be reversed. Walker v. Banks, 65 Ga. 20 (1); Pope v. Jones,…
2Cases cited6 opinions
- Pope v. JonesSupreme Court of Georgia · 1888
- McDonald v. Farmers Supply Co.Supreme Court of Georgia · 1915
- Lott v. Wood & BrotherSupreme Court of Georgia · 1911
- Walker v. BanksSupreme Court of Georgia · 1880
- Jinks v. StateSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Atlantic Coast Line Railroad v. DeveroCourt of Appeals of Georgia · 1934
- Garland v. State of GeorgiaCourt of Appeals of Georgia · 1960
- Garland v. State of GeorgiaCourt of Appeals of Georgia · 1960