Legal Opinion

Douthit v. City of Blue Ridge

Court of Appeals of Georgia

Decided October 28, 1913No. 5047PublishedCited by 2 opinions

Certiorari; from Fannin superior court — Judge Patterson. May 30, 1913. Thomas Douthit was tried before the mayor of the City of Blue Ridge on a “city warrant” charging him with “disorderly conduct,” and was fined $25. He sued out certiorari, alleging that the judgment was contrary to law and to the evidence; and the certiorari was overruled by the judge of the superior court, “upon the ground . that certiorari does not lie in the first instance, there being the right of…

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Certiorari; from Fannin superior court — Judge Patterson. May 30, 1913. Thomas Douthit was tried before the mayor of the City of Blue Ridge on a “city warrant” charging him with “disorderly conduct,” and was fined $25. He sued out certiorari, alleging that the judgment was contrary to law and to the evidence; and the certiorari was overruled by the judge of the superior court, “upon the ground . that certiorari does not lie in the first instance, there being the right of appeal from the judgment of the mayor to the city council, in all cases where there are issues of fact.” Douthit excepted…

1Opinion of the Court

Hill, O. J.

1. The writ of certiorari lies to review in the superior court the judgment of any inferior judicatory of this State; and this includes any municipal or mayor’s court. See Moore v. Winder, 10 Ga. App. 385-6 (73 S. E. 529).

2. It not being shown, by the facts set forth in the answer of the magistrate, that the ordinance of the municipality which the accused had been charged with violating had been violated, the judgment of conviction was unauthorized by law, and the writ of certiorari should have been sustained. Judgment reversed.

The charter of the City of Blue Ridge provides, that…

2Cases cited2 opinions

  1. Moore v. City of WinderCourt of Appeals of Georgia · 1912
  2. Grimsley v. AlexanderSupreme Court of Georgia · 1898

3Cited by2 opinions

  1. Garvin v. Mayor of WaynesboroCourt of Appeals of Georgia · 1915
  2. Wood v. HaynesCourt of Appeals of Georgia · 1979

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