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Driscoll v. Redwine Bros.

Driscoll v. Redwine Brothers

Driscoll v. Redwine Bros., 91 S.E. 784 (Ga. Ct. App. 1917)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
March 16, 1917
Docket
No. 7839
Judges
Wade
Citations
91 S.E. 78419 Ga. App. 4861917 Ga. App. LEXIS 181
Summary
Certiorari; from Fayette superior court—Judge Searcy. August 12, 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 — Wade

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Wade, C. J.

1. The place of holding a justice’s court can not be changed otherwise than by giving a duly published notice of the proposed change of location as required by law; and a judgment rendered at any other place than that fixed by law is void. Hilson v. Kitchens, 107 Ga. 230 ( 33 S. E. 71 , 73 Am. St. R. 119 ) ; Carter v. Atkinson, 12 Ga. App. 390 ( 77 S. E. 370 ).

(a) Prom the magistrate’s answer it appears that the judgment in ques- ■ tion was rendered at the place fixed by law, and that this had been the “regular place” of holding the justice’s court for this district for the past eighteen or twenty years. The case is not altered by the fact that the justice’s court for the district had been previously held at a place other than that legally fixed as the place of holding that court.

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

Judgment affirmed.

George and Luke, JJ., concur.

How later courts describe this case

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Cited by 0 cases

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Authorities cited 2

DepthCaseCited by
Hilson v. Kitchens, 33 S.E. 71 (Ga. 1899) 10
Carter v. Atkinson, 77 S.E. 370 (Ga. Ct. App. 1913) 9

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