McAlister v. State
Supreme Court of Georgia
Certiorari. Service. Record. Before Judge Mersiion. Appling Superior Court. March Term, 1886. McAlister was convicted in the county court of Appling of larceny. He petitioned for a writ of certiorari. The case came' on to be heard on March 11th.
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Certiorari. Service. Record. Before Judge Mersiion. Appling Superior Court. March Term, 1886. McAlister was convicted in the county court of Appling of larceny. He petitioned for a writ of certiorari. The case came' on to be heard on March 11th. Counsel associated with the solicitor-general moved to dismiss the certiorari on the ground that it did not appear in the record that notice of the sanction of the certiorari, and of the time and place of hearing had been- served upon counsel for the State. There appeared endorsed upon the petition an acknowledgment of due and legal service, dated…
1Opinion of the Court
Bleckley, Chief Justice.
McAlister was convicted in the county court of a misdemeanor, and obtained a certiorari, which the superior court, on the hearing, dismissed, because there was no evidence in the record that notice in writing of the sanction, and of the time and place of hearing, had been served, as required by the 4059th section of the code. We learn from the bill of exceptions that this was done in the face of an admission made by the solicitor-general in open court, that he had been served with written notice of these matters about a month before the sitting of the. court to which…
2Cases cited2 opinions
- L. J. Glenn & Son v. ShearerSupreme Court of Georgia · 1871
- Granade v. WoodSupreme Court of Georgia · 1864
3Cited by6 opinions
- Jones v. GillSupreme Court of Georgia · 1904
- McConnell v. Folsom Bros.Court of Appeals of Georgia · 1908
- Franke v. MaySupreme Court of Georgia · 1891
- Morrison v. BrownCourt of Appeals of Georgia · 1917
- Alley v. Elliott-Madison Co.Court of Appeals of Georgia · 1918
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