McGovern v. Trammell
Court of Appeals of Georgia
Petition for certiorari; from Stewart superior court — Judge Littlejohn. April 4, 1914.
1Opinion of the CourtRussell, C. J.
“In order for this court to review a refusal of a judge of the superior court to sanction a petition for certiorari, the petition must be incorporated in the bill of exceptions, or be verified as a part thereof by the trial judge; an unsanctioned petition can not be specified as a part of the record.” Taylor v. Town of Omega, 12 Ga. App. 693 (78 S. E. 144), and citations. A petition for certiorari does not become a part of the record, so as to be lawfully filed, until it is sanctioned. Elsas v. Clay, 67 Ga. 327; James v. Davis, 76 Ga. 100; Wilks v. Smith, 101 Ga. 229 (28 S. E. 630). The…
2Cases cited3 opinions
- Elsas v. ClaySupreme Court of Georgia · 1881
- Taylor v. Town of OmegaCourt of Appeals of Georgia · 1913
- Wilks v. SmithSupreme Court of Georgia · 1897
3Cited by2 opinions
- Hightower v. DavisCourt of Appeals of Georgia · 1920
- Reynolds v. StateCourt of Appeals of Georgia · 1952