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Driggers v. Mosley

Driggers v. Mosley, 78 S.E. 865 (Ga. Ct. App. 1913)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
July 22, 1913
Docket
No. 4344
Judges
Russell
Citations
78 S.E. 86513 Ga. App. 1111913 Ga. App. LEXIS 58
Summary
Certiorari; from Tattnall superior court — Judge Sheppard. May 22, 1912.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Russell

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Russell, J.

The judge of the superior court did not err in overruling the certiorari. According to the answer, which was not traversed, the trial court properly overruled the defendant’s motion for a continuance, and ruled the case to trial. The defendant, though present, made no effort to amend his plea, and waived his right to complain of the dismissal of his appeal, by declining to interpose any objection at the time the motion to dismiss it was made. Courts of review can not adjudicate questions which are not presented in the trial court.

Judgment affirmed.

Certiorari; from Tattnall superior court — Judge Sheppard. May 22, 1912. H. H. Elders, for plaintiff in- error.

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