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Harte v. Sturtevant

Harte v. Sturtevant, 93 S.E. 530 (Ga. Ct. App. 1917)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 13, 1917
Docket
No. 8889
Judges
George
Citations
93 S.E. 53020 Ga. App. 8221917 Ga. App. LEXIS 1108
Summary
Certiorari; from Chatham superior court—Judge Meldrim. May 3, 1917.

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

Opinion of the Court — George

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

George, J.

1. The Civil Code (1910), § 5185, requires that before any writ of certiorari shall issue, the party applying for it shall give bond “and shall also produce a certificate from the officer whose decision or judgment is the subject-matter of complaint that all costs which have accrued on the trial below have been paid.”

2. Section 18 of the act creating the municipal court of Savannah (Georgia Laws, 1915, p. 124) is broad enough to authorize the clerk of that court to give a certificate that all costs which have accrued on the trial below have been paid; and the judge of the superior court did not err in refusing to dismiss the petition for certiorari because such a certificate had not been made by the officer whose decision was complained of.

3. Even if so much of the act creating the municipal court of Savannah as confers upon the clerk the power to make the certificate with reference to the payment of costs which have accrued upon the trial of a case in that court is a special law, and therefore unconstitutional because in conflict with code-section 5185, supra, there are no sufficient pleadings to require the Court of Appeals to certify the case to the Supreme Court.

Judgment affirmed.

Wade, O. J., <md LuJce, J., ooncur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1928: 11961: 12010: 119282026peak 1928 · 1

Relies on it most ⓘ

  1. Targovnik v. City of Dunwoody Zoning Board of Appeals704 S.E.2d 448 (Ga. Ct. App. 2010)
  2. Thoms v. John R. Thompson Co.145 S.E. 533 (Ga. Ct. App. 1928)
  3. Veal v. Eagle Fire Insurance120 S.E.2d 674 (Ga. Ct. App. 1961)

Most recent

  1. Targovnik v. City of Dunwoody Zoning Board of Appeals704 S.E.2d 448 (Ga. Ct. App. 2010)
  2. Veal v. Eagle Fire Insurance120 S.E.2d 674 (Ga. Ct. App. 1961)
  3. Thoms v. John R. Thompson Co.145 S.E. 533 (Ga. Ct. App. 1928)

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 0

No citations to other opinions in this database were found.

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