Weatiiersby v. Jordan
| Decision Date | 08 November 1905 |
| Citation | 124 Ga. 68,52 S.E. 83 |
| Parties | WEATIIERSBY . v. JORDAN. |
| Court | Georgia Supreme Court |
A judge of the superior court, in passing on a certiorari, where questions of fact are involved and the evidence is conflicting, has a discretion to sustain the certiorari similar to the discretion allowed him in passing upon a first new trial, and the discretion will not be controlled, unless it has been manifestly abused. Savannah Ry. v. Fennel], 28 S. E. 437, 100 Ga. 474; Buice v. Buice, 36 S. E. 969, 111 Ga. 887; Ferry v. Mattox, 44 S. E. 1005, 118 Ga. 146.
[Ed. Note.—For cases in point, see vol. 9, Cent. Dig. Certiorari, § 205.]
In passing upon the questions raised by the petition and answer in a habeas corpus case for the possession of minor children, the discretion given by the law is to the trial judge, who. sees and hears the parties, the witnesses, and the children, and who necessarily has superior opportunities for determining correctly the issues involved, chief of which is the material interest of the children. Smith v. Bragg, 68 Ga. 650.
[Ed. Note.—For cases in point, see vol. 25, Cent. Dig. Habeas Corpus, § 84.]
While, in accordance with the ruling announced in the first headnote, the discretion of the judge of the superior court in reversing the ordinary's finding on the facts presented by the petition for certiorari will not be controlled, it was error for him to render final judgment, and for this reason the case must go back for another hearing.
[Ed. Note.—For cases in point, see vol. 9, Cent. Dig. Certiorari, § 191.]
(Syllabus by the Court.)
Error from Superior Court, Jasper County; H. G. Lewis, Judge.
Habeas corpus between Sallie Weathersby and Annie Jordan. From a judgment of the superior court, reversing the findings of the ordinary, Weathersby brings error. Reversed.
Doyle Campbell and Greene F. Johnson, for plaintiff in error.
Fleming Jordan, for defendant in error.
CANDLER, J. Judgment reversed. All the Justices concurring.
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Bishop v. Gibson, (No. 4000.)
...of the child to its maternal grandfather. See Brooks v. Isabel, 150 Ga. 727, 105 S. E. 4S3; Smith v. Bragg, 68 Ga. 650; Weathersby v. Jordan, 124 Ga. 68(2), 52 S. E. 83. Judgment affirmed. All the Justices concur, except ATKINSON, J., ...
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Griffis v. Griffis, 27410
...to determine what is in the best interest of the children than is this court, which must rely (only) upon the record. Weathersby v. Jordan, 124 Ga. 68(2), 52 S.E. 83.' Good v. Good, 205 Ga. 112, 114, 52 S.E.2d 610, 614.' Hobby v. Eubanks, 224 Ga. 51(1), 159 S.E.2d 701; Code Ann. § The evide......
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Bosson v. Bosson
...to this inquiry is in conflict the disposition made by the trial court will not be controlled by this court. See Weathersby v. Jordan, 124 Ga. 68(2), 52 S.E. 83; Benefield v. Benefield, 216 Ga. 593, 118 S.E.2d A study of the evidence adduced at the May 11, 1967, hearing shows a conflict as ......
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Hanna v. Jamison
...similar to that which he may exercise under like circumstances in granting or refusing a first application for a new trial (Weathersby v. Jordan, 124 Ga. 68 52 S.E. 83; Shirley v. Swafford, 119 Ga. 43 [2], 45 S.E. 722; Daniel v. McRee, 31 Ga.App. 210 (2), 120 S.E. 448); but where there is a......