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Rice v. Ray & McArthur

Rice v. Ray & McArthur, 93 S.E. 43 (Ga. Ct. App. 1917)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 27, 1917
Docket
No. 8384
Judges
Wade
Citations
93 S.E. 4320 Ga. App. 3911917 Ga. App. LEXIS 902
Summary
Certiorari; from Gilmer superior court—Judge Patterson. December 5, 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, 0. J.

It does not appear that the court committed any error in overruling the certiorari in this case. The magistrate’s original and amended answer apparently included everything relating to the ease which was embraced by his knowledge thereof; and we can not say that the court erred in failing to allow the petitioner to except further to the answers, and in finally overruling the certiorari, since the allegations made in the petition and not verified by the answer of the magistrate could not be considered. Gilmore v. Georgian Co., 17 Ga. App. 759 ( 88 S. E. 416 ), and cases cited.

Judgment affirmed.

George and Luhe, JJ., concur.

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Authorities cited 1

DepthCaseCited by
Gilmore v. Georgian Co., 88 S.E. 416 (Ga. Ct. App. 1916) 9

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