Hamilton & Co. v. Phenix Insurance
Supreme Court of Georgia
: Certiorari. Before Judge Harris. Carroll superior court. August 12, 1898.
1Opinion of the CourtLumpkin, P. J.
A writ of certiorari can not, in a civil case, be lawfully issued until after the party applying for the same, his agent or attorney, shall have filed with the clerk of the superior court a bond, with good security, conditioned to pay the adverse party the eventual condemnation-money together with all future costs, or shall make and file with the petition for certiorari an affidavit that he is advised and believes he has good cause for certiorari, and that owing to his poverty he is unable to pay the costs and give security. Civil Code, §§4639, 4641; Kelly v. Jackson, 67 Ga. 274; Hendrix v.…
2Cases cited3 opinions
- Hendrix & McBurney v. MasonSupreme Court of Georgia · 1883
- Hester v. KellerSupreme Court of Georgia · 1885
- Kelly v. JacksonSupreme Court of Georgia · 1881
3Cited by22 opinions
- Dykes v. Twiggs CountySupreme Court of Georgia · 1902
- New York Life Insurance v. RhodesCourt of Appeals of Georgia · 1908
- Scott v. OxfordCourt of Appeals of Georgia · 1962
- Hill v. StateSupreme Court of Georgia · 1902
- Hamilton & Co. v. Phenix InsuranceSupreme Court of Georgia · 1900
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