Legal Opinion

Evans v. Mayor of Forsyth

Supreme Court of Georgia

Decided November 8, 1906PublishedCited by 4 opinions

Certiorari. Before Judge Beagan. Monroe superior court. September 1, 1906.

1Opinion of the CourtLumpkin, J.

A petition for the writ of certiorari is to some extent analogous to a bill of exceptions. Bonds v. Berdett, 113 Ga. 114. The petition must be verified in the first instance by an affidavit; a bill of exceptions, by the certificate of the presiding judge. If a bill of exceptions states that it was presented and certified within thirty daj^s after the judgment, and is certified, this statement is taken as prima facie correct. If tile date of the judgment sent up in the record conflicts with this statement, the record controls. Merritt v. Gill, 59 Ga. 459; Southern Ry. Co. v. Flemister, 120 Ga.…

2Cases cited4 opinions

  1. Southern Railway Co. v. FlemisterSupreme Court of Georgia · 1904
  2. Manning v. Mayor of GainesvilleSupreme Court of Georgia · 1906
  3. Bonds v. BerdettSupreme Court of Georgia · 1901
  4. Merritt v. GillSupreme Court of Georgia · 1877

3Cited by4 opinions

  1. Carter v. StateCourt of Appeals of Georgia · 1908
  2. Davis v. SawtellCourt of Appeals of Georgia · 1910
  3. Sistrunk v. LoveSupreme Court of Georgia · 1913
  4. Rosenfield Co. v. High Co.Court of Appeals of Georgia · 1911

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