Legal Opinion
Carpenter v. Southern Railway Co.
Supreme Court of Georgia
Decided October 31, 1900PublishedCited by 6 opinions
Certiorari. Before Judge Janes. Polk superior court. February term, 1900.
1Opinion of the CourtCobb, J.
1. A writ of certiorari not sued out in forma pauperis is void, if the same issue before the applicant has given the bond prescribed by section 4639 of the Civil Code. Wingard v. Southern Railway Company, 109 Ga. 177.
2. The pendency of such a proceeding does not suspend the statute of limitations which requires the bringing of a certiorari within thirty days, nor-authorize a renewal of the proceeding within six months. O’Keefe v. Cotton, 102 Ga. 516, and cases cited; Hamilton v. Phenix Ins. Co., 111 Ga. 875.
Judgment reversed.
All the Justices concurring, except Little, J., absent.
2Cases cited3 opinions
- Hamilton & Co. v. Phenix InsuranceSupreme Court of Georgia · 1900
- Wingard v. Southern Railway Co.Supreme Court of Georgia · 1899
- O'Keefe v. CottonSupreme Court of Georgia · 1897
3Cited by6 opinions
- Harwell v. MarshallSupreme Court of Georgia · 1906
- Stover v. DoyleSupreme Court of Georgia · 1901
- Southern Railway Co. v. OliverCourt of Appeals of Georgia · 1913
- Abercrombie v. GurleyCourt of Appeals of Georgia · 1917
- Brown v. SealsCourt of Appeals of Georgia · 1915
1 more not listed; retrieve them via the Exa API.