Hamilton v. Phenix Ins. Co.
| Decision Date | 09 August 1900 |
| Citation | 36 S.E. 960,111 Ga. 875 |
| Parties | HAMILTON et al. v. PHENIX INS. CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. If an original application for a writ of certiorari be for any reason void, an attempted renewal thereof within six months must be held to be ineffectual. Williamson v. Wardlaw, 46 Ga. 126; McClendon v. Phosphate Co., 28 S.E. 152, 100 Ga. 219.
2. The certiorari originally sued out, of which it is claimed the present is a renewal, has been judicially declared absolutely void. Hamilton v. Insurance Co., 33 S.E. 705, 107 Ga. 728. Being void, it could not be renewed; and, not having been presented for sanction within 30 days of the rendition of the verdict which it seeks to review, the motion to dismiss should have been granted.
Error from superior court, Carroll county; S.W. Harris, Judge.
Action between G. R. & S. L. Hamilton & Co. and the Phenix Insurance Company. From an order granting a renewal of the certiorari, Hamilton & Co. bring error. Reversed.
J. T. Pendleton and S. Holderness, for plaintiffs in error.
John C. Reed and Oscar Reese, for defendant in error.
Judgment reversed.
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Atlanta, K. & N. Ry. Co. v. Wilson
... ... Hernando Co., 100 Ga. 219, 28 S.E. 152, ... that suits void for want of service; Hamilton v. Phenix ... Co., 111 Ga. 875, 36 S.E. 960, Hill v. State, ... 115 Ga. 833, 42 S.E. 286, that a ... ...
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Taylor v. State
... ... again, these facts did not prevent the statutory bar from ... attaching. In Hamilton v. Phenix Ins. Co., 111 Ga ... 875, 36 S.E. 960, and in Hill v. State, 115 Ga. 833, ... 42 S.E ... ...
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Southern Ry. Co v. Goodrum
...applies to valid suits only. This has been held uniformly by this court from Williamson v. Wardlaw, 46 Ga. 126, to Hamilton v. Insurance Co., 111 Ga. 875, 36 S. E. 960. This principle is now too well settled by this court for us to depart from it. The plaintiff in error relies upon Grimes v......
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Southern Ry. Co. v. Goodrum
...applies to valid suits only. This has been held uniformly by this court from Williamson v. Wardlaw, 46 Ga. 126, to Hamilton v. Insurance Co., 111 Ga. 875, 36 S.E. 960. This principle is now too well settled by this court for to depart from it. The plaintiff in error relies upon Grimes v. Jo......