DocketNumber: 17353
Citation Numbers: 36 Ga. App. 13
Judges: Bloodworth
Filed Date: 10/5/1926
Status: Precedential
Modified Date: 1/12/2023
In this ease exception is taken to the refusal to sanction a petition for certiorari which complained of a judgment and ruling of a judge of the municipal court of Savannah, dismissing an appeal to a jury in that court. The only attempted assignment of error in the petition for certiorari is as follows: “Petitioner avers that said court erred in sustaining said motion to dismiss, and also in dismissing, said appeal to a jury in said court, and in entering up judgment as aforesaid, all of which rulings and findings of said court petitioner assigns as error.” As was said in Papworth v. Fitzgerald, 111 Ga. 56 (36 S. E. 311),
(a) The fact that the judge of the superior court refused to sanction the petition for certiorari for another reason is immaterial. The petition was fatally defective and should not have been sanctioned, and the judgment should be affirmed. Doe v. Roe, 20 Ga. 689 (3); Memmler v. State, 75 Ga. 576; Gillespie v. Mayor &c. of Macon, 19 Ga. App. 1, 2 (90 S. E. 970), and cit.
Judgment affirmed.