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116 Ga. 911

Garrett v. McIntosh

Supreme Court of Georgia

Decided January 9, 1903

Supreme Court of Georgia · decided 1903-01-09

<p>Certiorari. Before Judge Spence. Brooks superior court. May 5, 1902. . .</p>

Cited by 3 later decisions — most recently June 1932

3 state decisions

Relies on Stoner v. Magins

Good law ✅— No negative treatment on recordhow we know

Decided 1903-01-09

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Simmons, C. J.

¶1The magistrate’s answer to the writ of certiorari sued out in the present case did not verify the statement in the plaintiff’s petition that a verdict and judgment were rendered against him in the court in which the case originated, or disclose what disposition (if any) was made of the case in that court. The judge of the superior court had, therefore, no jurisdiction to sustain the certiorari. Stoner v. Magins, 116 Ga. 797, this term.

¶2Judgment reversed.

All the Justices concurring, except Lumpkin, P. J., absent.
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