Ware v. Fambro
Supreme Court of Georgia
Certiorari. Justice Courts. Attorney and Client. Jurisdiction. Judgments. Before Judge Harris. Pike Superior Court. April Term, 1881. Fambro sued Ware upon a note in a. justice court. Ware pleaded the general issue, payment and set-off.
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Certiorari. Justice Courts. Attorney and Client. Jurisdiction. Judgments. Before Judge Harris. Pike Superior Court. April Term, 1881. Fambro sued Ware upon a note in a. justice court. Ware pleaded the general issue, payment and set-off. "On the appeal, the jury found for Ware $173.76. When this verdict was read in court, counsel for Ware obtained leave of the court to write off from the principal sum of said verdict all exceeding $100.00, and did so, and entered judgment against Fambro for $100.00 principal, without objection from any source. Counsel for Fambro then sued out a certiorari to…
1Opinion of the Court
Jackson, Chief Justice.
This was a certiorari from a justice court by the superior court of Pike county. A motion was made to dismiss the writ on the ground of the insufficiency of the notice. The notice was that the certiorari was granted, instead of stating that it was sanctioned. We think the error immaterial. When the writ was granted by the judge of the superior court it must have been sanctioned.
In the case cited by plaintiff in error this court ruled that notice that plaintiff in certiorari had sued out the writ would not do, but in that case no action by the court, or the judge of the…
2Cited by5 opinions
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