Legal Opinion

Lester v. Cone

Court of Appeals of Georgia

Decided July 2, 1915No. 6193PublishedCited by 4 opinions

Certiorari; from Bulloch superior court — Judge Rawlings. November 5, 1914.

1Opinion of the CourtBboyles, J.

A certiorari bond not approved by the magistrate who tried the case is void. Under the rulings in Southern Ry. Co. v. Oliver, 13 Ga. App. 5 (78 S. E. 684), and Dykes v. Twiggs County, 115 Ga. 698 (42 S. E. 36), the fact that the trial magistrate certifies that “all ' costs have been paid by the petitioner and he has given bond as required by law” is not an equivalent or sufficient substitute for such approval. Accordingly the judge of the superior court did not err in dismissing the certiorari in this ease. Judgment affirmed.

2Cases cited2 opinions

  1. Dykes v. Twiggs CountySupreme Court of Georgia · 1902
  2. Southern Railway Co. v. OliverCourt of Appeals of Georgia · 1913

3Cited by4 opinions

  1. Sanford v. WadeCourt of Appeals of Georgia · 1915
  2. Butters Manufacturing Co. v. FraleyCourt of Appeals of Georgia · 1933
  3. Georgian Co. v. SuttonCourt of Appeals of Georgia · 1916
  4. Roberts v. Citizens BankCourt of Appeals of Georgia · 1940