Legal Opinion

Central of Georgia Railway Co. v. Duncan

Court of Appeals of Georgia

Decided September 6, 1910No. 2227PublishedCited by 2 opinions

Certiorari; from Houston superior court — Judge Eelton. September 8, 1909.

1Opinion of the CourtRussell, J.

1. Tlie exception which assigns error on the refusal of the justice of the peace to allow the defendant in the court below to amend its plea by adding an affidavit could not 'be considered by the judge of the superior court, because the untraversed answer of the magistrate contradicted the averments of the petition for certiorari as to this point.

2. The judgment is controlled by the rulings in Seaboard Air-Line Ry. v. Coursey, 1 (la. App. (162 (57 S. E. 968), and Coffee v. McCaskey Register Co., 7 Ga. App. 425 (66 S. E. 1032) ; and there was no error in overruling the certiorari. Where the…

2Cases cited3 opinions

  1. Coffee v. McCaskey Register Co.Court of Appeals of Georgia · 1909
  2. Brierton v. SmithCourt of Appeals of Georgia · 1909
  3. Seaboard Air-Line Railway v. CourseyCourt of Appeals of Georgia · 1907

3Cited by2 opinions

  1. Couch v. WhiteCourt of Appeals of Georgia · 1916
  2. Dixon v. HollimanCourt of Appeals of Georgia · 1927

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