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2 Ga. App. 84

Thompson v. Becham

Court of Appeals of Georgia

Decided May 24, 1907

Court of Appeals of Georgia · decided 1907-05-24

<p>Certiorari, from Pike superior court — Judge Reagan. October 12, 190G.</p>

Relies on 1 Ga. App. 216 - Landrum v. Moss · White v. State · Faircloth v. Webb

Good law ✅— No negative treatment on recordhow we know

Decided 1907-05-24

How this case has been cited

Cited by 7 later decisions — most recently February 1962

7 state decisions

201907191019201930194019501960decided

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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Powell, J.

¶11. While the answer of the trial magistrate to a writ of certiorari must verify the fact that a final judgment has been rendered, yet an answer which merely verifies the rendition of a final judgment,without more, is entirely insufficient, where the certiorari is brought, to correct errors in the proceedings which were had at the trial, and ' upon which such judgment was rendered.

¶22. Allegations in' the petition for certiorari, not verified by the answer, are not to be taken as admitted, and present nothing for determination, either by the superior or the appellate court. Landrum v. Moss, 1 Ga. App. 216, 57 S. E. 96 ; Little v. Fort Valley, 123 Ga. 503, 51 S. E. 501; Brown v. Gainesville, 125 Ga. 230, 53 S. E. 1002.

¶3Judgment reversed.

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