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Jefferson v. City of Perry

Jefferson v. City of Perry, 90 S.E. 366 (Ga. Ct. App. 1916)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
October 18, 1916
Docket
No. 7635
Judges
Broyles
Citations
90 S.E. 36618 Ga. App. 6901916 Ga. App. LEXIS 1194
Summary
Certiorari; from Houston superior court — Judge Mathews. April 14, 1916.

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

Opinion of the Court — Broyles

Text extracted by OCR from a scanned original; check the original for exact wording.

Broyles, J.

1. Any objections to the answer of the mayor to the petition for certiorari should have been made in the superior court; the questions presented can not be raised for the first time in this court.

2. The evidence was sufficient to authorize the verdict.

(a) Under repeated rulings of the Supreme Court and of this court, one sale of whisky is sufficient to authorize a mayor or recorder, exercising the functions of both judge and jury, to find that the seller had the whisky for the purpose of sale.

3. The other points in the case, made in the petition for certiorari and in the bill of exceptions, are not specifically argued in the brief of counsel for the plaintiff in error, and are consequently considered to have been abandoned. The general statement in the brief that “the plaintiff in error insists on each and every ground as stated in the petition for certiorari, and in the bill of exceptions, and the errors complained thereof in each,” is not sufficient to change this rule. Youmans v. Moore, 11 Ga. App. 66 ( 74 S. E. 710 ); Muse v. Hall, ante, 651.

4. The judge of the superior court did not err in overruling the certiorari.

Judgment affii-med.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 41918: 219172026peak 1917 · 4

Relies on it most ⓘ

  1. Pelham Phosphate Co. v. Daniels94 S.E. 846 (Ga. Ct. App. 1918)
  2. Rounsaville v. Camp91 S.E. 446 (Ga. Ct. App. 1917)
  3. Spence v. State92 S.E. 555 (Ga. Ct. App. 1917)
  4. Agee v. Rhodes92 S.E. 771 (Ga. Ct. App. 1917)
  5. Buchanan v. Satterwhite95 S.E. 309 (Ga. Ct. App. 1918)
  6. Harden v. Central of Georgia Railway Co.94 S.E. 263 (Ga. Ct. App. 1917)

Most recent

  1. Buchanan v. Satterwhite95 S.E. 309 (Ga. Ct. App. 1918)
  2. Pelham Phosphate Co. v. Daniels94 S.E. 846 (Ga. Ct. App. 1918)
  3. Harden v. Central of Georgia Railway Co.94 S.E. 263 (Ga. Ct. App. 1917)
  4. Agee v. Rhodes92 S.E. 771 (Ga. Ct. App. 1917)
  5. Spence v. State92 S.E. 555 (Ga. Ct. App. 1917)
  6. Rounsaville v. Camp91 S.E. 446 (Ga. Ct. App. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Youmans v. Moore, 74 S.E. 710 (Ga. Ct. App. 1912) 19

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