Asher v. Cape
Supreme Court of Georgia
Certiorari. Before Judge Lumpkin. Fulton superior court. September term, 1893. Cape sued Mrs. Asher and others in a magistrate’s court, and there obtained a verdict. Defendants presented their petition for certiorari, which was sanctioned and the writ ordered issued' on April 22, 1893; and on April 28, 1893, the writ was issued.
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Certiorari. Before Judge Lumpkin. Fulton superior court. September term, 1893. Cape sued Mrs. Asher and others in a magistrate’s court, and there obtained a verdict. Defendants presented their petition for certiorari, which was sanctioned and the writ ordered issued' on April 22, 1893; and on April 28, 1893, the writ was issued. Upon the papers appeared the following entry: “Due and legal service of the within petition for certiorari and certiorari acknowledged; notice of time and place of hearing waived. This May 5th, 1893. C. S. Winn, atty. at law for deft, in certiorari.” When the case…
1Opinion of the Court
Atkinson, Justice.
The specific ground upon which the petition for certiorari was dismissed in the court below was, that the plaintiff in error had not given notice of sanction thereof, as required by law. It appears from the record, that the petition was presented to the judge of the superior court, that it was sanctioned, and the writ of certiorari ordered to be issued on April 22d, 1893 ; that the writ *33of certiorari issued regularly on the 28th of the same month, that the order sanctioning the issue of the writ was entered upon, and the writ itself attached to, the petition for certiorari;…
2Cited by4 opinions
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- Alley v. Elliott-Madison Co.Court of Appeals of Georgia · 1918
- Flood v. Empire Investment Co.Court of Appeals of Georgia · 1930