DocketNumber: 21696
Citation Numbers: 44 Ga. App. 326
Judges: Luke
Filed Date: 11/10/1931
Status: Precedential
Modified Date: 1/12/2023
A petition for certiorari from the city court of Atlanta in a case wherein Mrs. Helen Taylor was plaintiff and Georgia Power Company was defendant was heard by the Honorable John D. Humphries, of the superior court, and sanction thereof was denied. His judgment in the premises is in the following language: "The within application for certiorari is from a judgment of dismissal on the pleadings and evidence in the city court of Atlanta. If it were an original proposition, I would be disposed to hold that a constitutional city court, like that of the City of Atlanta, having concurrent jurisdiction with the superior court in all cases triable therein, with authority to review its own judgments and grant or refuse new trials, from which' direct appeal may be taken to the Court of Appeals, or to the Supreme Court in some cases, is not inferior to the superior court as respects its jurisdiction. However, the ease of Dixon v. Sable, 147 Ga. 623 (95 S. E. 240), is authority to the contrary. That practice should not be encouraged. It would place too heavy a burden on the judge of the city court, permitting skeleton briefs of evidence as in this case, and forcing the trial judge to prepare full and complete transcripts of evidence in many cases. Therefore, the correct rule of practice should require the petitioner to exhaust his remedies in the trial court, asking and giving' the trial judge an opportunity to review and correct all errors complained of. That was not done in this case, and should afford sufficient reason for refusing to sanction the within petition for certiorari, and for that reason sanction is refused. However, the court has looked into the merits of the petition, and finds no grounds for disturbing the judgment complained of. For that reason also, sanction is denied.”
By bill of exceptions the plaintiff in error has brought before us the original petition for certiorari, and assigns error on the judgment of the superior court overruling that petition,
Judgment affirmed.