Harrell v. Pickett
Supreme Court of Georgia
Certiorari. Appeal. Before Judge Clark. Webster Superior Court. March, 3871. Picket et al. petitioned the Ordinary to lay out a public road over the land of Harrell. He ordered it laid out, and Harrell entered an appeal to the Superior Court. When the cause was called for trial, upon motion, the Court dismissed it, upon the ground, that an appeal did not lay in such case; that the remedy was certiorari. This is assigned as error.
1Opinion of the Court
Lochrane, Chief Justice.
The legal question presented by the record in this case arises upon the application of James Pickett and others, to the Ordinary of Webster county, to lay out a public road through the lands of the plaintiff in error, which was granted by the Ordinary, and an appeal entered from such judgment to the Superior Court. The Court dismissed the appeal, upon the ground, that certiorari, and not appeal, was the proper remedy. Under section 5th of the Constitution of 1868, (section 5183 of the Code,) it is declared, “ The powers of a Court of Ordinary and of probate shall be…
2Cited by3 opinions
- Cunningham v. United States Savings & Loan Co.Supreme Court of Georgia · 1900
- Harnesberger v. DavisCourt of Appeals of Georgia · 1952
- Pope v. LeeSupreme Court of Georgia · 1912