Legal Opinion

Cunningham v. City of Atlanta

Court of Appeals of Georgia

Decided January 10, 1928No. 18608PublishedCited by 2 opinions

1Opinion of the CourtBroyles, C. J.

“In a certiorari ease the answer of the trial judge is the only source from which knowledge óf the facts of the case and the rulings made therein can be derived. Buckner v. State, 115 Ga. 238 (41 S. E. 583). And where, in such a case, the trial judge in his answer states that he can not remember the facts of the case, or what occurred upon the trial, it is useless to sustain exceptions to the answer and to require him to respond more fully. Where such an answer is filed, the judge of the superior court, upon the hearing of the certiorari, can do nothing but overrule the same.” Gilmore v.…

2Cases cited4 opinions

  1. Buckner v. StateSupreme Court of Georgia · 1902
  2. Gilmore v. Georgian Co.Court of Appeals of Georgia · 1916
  3. Hicks v. LindseyCourt of Appeals of Georgia · 1918
  4. Macris v. TsipoursesCourt of Appeals of Georgia · 1926

3Cited by2 opinions

  1. Beavers v. CassellsCourt of Appeals of Georgia · 1937
  2. Cato v. StateCourt of Appeals of Georgia · 1929

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