Maddox v. City of Newnan
| Decision Date | 12 September 1968 |
| Docket Number | No. 43826,No. 3,43826,3 |
| Parties | A. H. MADDOX, Jr. v. CITY OF NEWNAN |
| Court | Georgia Court of Appeals |
J. L. Jordan, Atlanta, for appellant.
Sanders, Mottola & Haugen, Charles Van S. Mottola, Newnan, for appellee.
Syllabus Opinion by the Court
Assignments of error and recitals of fact contained in a petition for certiorari to the superior court from the judgment of a recorder's court which have not been verified by the answer of the magistrate, no answer having been filed, cannot be considered (Caswell v. State, 5 Ga.App. 483(2) 63 S.E. 566; Stephens v. Barnes, 11 Ga.App. 491, 75 S.E. 827; Reese v. Miller, 33 Ga.App. 442, 126 S.E. 904; Morris v. Battey, 31 Ga.App. 438, 121 S.E. 125; Ralls v. Jones, 40 Ga.App. 218, 149 S.E. 291; Shirling v. Kennon, 119 Ga. 501(2), 46 S.E. 630; Akers v. J. M. High Co., 122 Ga. 279(1), 50 S.E. 105, and there is no error upon the part of the judge of the superior court in dismissing such a petition for certiorari upon motion made by the defendant (Southern Ry. Co. v. Stone, 2 Ga.App. 375, 58 S.E. 502; Norris v. Sibert & Robinson, 53 Ga.App. 440, 186 S.E. 199), irrespective of whether or not the grounds actually urged for dismissal were valid. See Zachry v. State, 81 Ga.App. 637, 638, 59 S.E.2d 555; Williams v. State, 91 Ga.App. 124, 85 S.E.2d 91. The judgment of the judge of the superior court, in the present case, dismissing the certiorari is therefore affirmed.
Judgment affirmed.
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...time for it to do so, no certified record from the lower tribunal was ever filed in the superior court. See Maddox v. City of Newnan , 118 Ga. App. 347, 347, 163 S.E.2d 756 (1968) ("Assignments of error and recitals of fact contained in a petition for certiorari to the superior court from t......
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...Also, some form of an answer must still be filed before the merits of the petition may be reviewed. See Maddox v. City of Newnan, 118 Ga.App. 347, 163 S.E.2d 756 (1968). However, where facts sufficient to establish error are alleged in the petition and the inferior court files an answer mer......
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