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225 Ga. 609

170 S.E.2d 585

Addis v. Spain

Supreme Court of Georgia

Decided September 29, 1969

Supreme Court of Georgia · decided 1969-09-29

Relies on Brown v. State · Smith v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1969-09-29

How this case has been cited

Cited by 6 later decisions — most recently March 2006

6 state decisions

3019691970198019902000decided

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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Nichols, Justice.

¶1 After hearing evidence on the plaintiff’s petition for mandamus abolute to require the issuance of a permit to move a building, the Superior Court of Fulton County issued such mandamus absolute against B. W. Addis, Building Inspector of the City of East Point, and it is from this judgment that the appeal is filed. No transcript of the evidence adduced at such hearing was filed and included in the record before this court. Held:

¶2 Under the decisions in Brown v. State, 223 Ga. 540 (156 SE2d 454) and Smith v. Smith, 223 Ga. 795 (2) (158 SE2d 679), the judgment of the trial court must be affirmed since such transcript of the evidence would of necessity have to be considered in order to determine if the judgment was authorized.

¶3 Judgment affirmed.

All the Justices concur.
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