Taylor v. Gay
Supreme Court of Georgia
Certiorari, in Early Superior Court. Decided by Judge Kiddoo, March Term, 1856. Allen Gay, senior, instituted proceedings before the Justices of the Peace of the 854th district, G. M. of Early Co» •against Robert Taylor, to recover possession of lot of land No. 47, in the 6th dist. of said county, charging the said Taylor with a forcible entry on said lot.
Read the full summary
Certiorari, in Early Superior Court. Decided by Judge Kiddoo, March Term, 1856. Allen Gay, senior, instituted proceedings before the Justices of the Peace of the 854th district, G. M. of Early Co» •against Robert Taylor, to recover possession of lot of land No. 47, in the 6th dist. of said county, charging the said Taylor with a forcible entry on said lot. On the 1st day of September, 1855, a Jury having been summoned and impanneled, the case came on to be tried before said Justices* when a motion was made by Counsel for Taylor, to dismiss the proceedings on several grounds; all of which were…
1Opinion of the Court
*81 By the Court.
Benning, J.
delivering tbe opinion.
These two cases were considered together.
[1.] In the first, that of Taylor vs. Gay, the only question is, whether Taylor’s motion for restoration of possession, was properly over-ruled ?
And we think it was." Every thing done after a certiorari has been delivered to the Magistrate to whom it is directed, is void. Things done before remain as they are. (Com. Dig. “ Certiorari,” (E); Mayor of Macon vs. Shaw, 14 (Ga. Rep. 162.)
Taylor had been dispossessed before the certiorari was delivered to the Justices.
So, we affirm the decision in this case.
In…
2Cited by16 opinions
- Felker v. JohnsonSupreme Court of Georgia · 1940
- Simpkins v. JohnsonCourt of Appeals of Georgia · 1908
- Bank South, N.A. v. Roswell Jeep Eagle, Inc.Court of Appeals of Georgia · 1991
- Dixon v. StateSupreme Court of Georgia · 1904
- Talley v. Commercial Credit Co.Supreme Court of Georgia · 1931
11 more not listed; retrieve them via the Exa API.