Warren v. Oliver

Supreme Court of Georgia

Decided April 5, 1900

Supreme Court of Georgia · decided 1900-04-05

<p>Appeal. Before Judge Reese. Elbert superior court. March term, 1899.</p>

Relies on Toole v. Edmondson & Seay Bros. · Humphries v. Blalock · Howell v. Allen

Good law ✅— No negative treatment on recordhow we know

Decided 1900-04-05

How this case has been cited

Cited by 4 later decisions — most recently September 1969

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Fish, J.

¶1Where the judge of a county court rendered a judgment that an affidavit of illegality, filed to arrest the further proceeding of an execution issued upon the foreclosure of a chattel mortgage, had been withdrawn at a prior term of the court, the effect of such ruling was to dismiss the illegality proceeding and take the case out of court, so that *808nothing was left which could properly be tried by a jury on appeal. Consequently certiorari was the exclusive remedy. Humphries v. Blalock, 100 Ga. 404; Toole v. Edmondson, 104 Ga. 776; Howell v. Allen, 106 Ga. 16.

Argued March 12, —Decided April 5, 1900.

Appeal. Before Judge Reese. Elbert superior court. March term, 1899.

A. G. McCurry, W. L. Hodges, and T. L. Adams, for plaintiff in error. J. N. Worley and J. P. Shannon, contra.

¶2Judgment affirmed.

All the Justices concurring.