Department of Human Resources v. Sims

1. I concur with the majority that "the effect of sustaining a certiorari is the same as the first grant of a new trial.” Dougherty County Council v. Beckanstin, 100 Ga. App. 790, 792 (1) (112 SE2d 423) and cits. Code § 19-501 provides: "Upon the hearing of a writ of certiorari the superior court may order the same to be dismissed, or return the same to the court from which it came, with instructions; and in all cases when the error complained of is an error in law which must finally govern the case, and the court shall be satisfied there is no question of fact involved which makes it…