Legal Opinion

McGovern v. Trammell

Court of Appeals of Georgia

Decided July 7, 1914No. 5661PublishedCited by 2 opinions

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

  1. Elsas v. ClaySupreme Court of Georgia · 1881
  2. Taylor v. Town of OmegaCourt of Appeals of Georgia · 1913
  3. Wilks v. SmithSupreme Court of Georgia · 1897

3Cited by2 opinions

  1. Hightower v. DavisCourt of Appeals of Georgia · 1920
  2. Reynolds v. StateCourt of Appeals of Georgia · 1952

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