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35 Ga. 265

Carter v. Commander

Supreme Court of Georgia

Decided December 15, 1866

Supreme Court of Georgia · decided 1866-12-15

Certiorari. Decision by Judge Hansell. At Chambers. September, 1866. The County Judge of Thomas county tried a possessory warrant, sued out by Commander against Carter to recover possession of a horse. The trial was had in vacation, and not at any regular or special Term of the County Court. The Judge awarded the possession to Commander, the plaintiff in the warrant.

Cited by 1 later decisions — most recently January 1912

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-12-15

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Walker, J.

¶1We thinlc the Court erred in dismissing the certiorari. The petitioner had complied with all the requisites of the statute providing for carrying up cases from the County to the Superior Court. Having done so, he was entitled to a hearing before the Judge of the Superior Court. We understand the provisions of the 31st Section of the Act organizing a County Court, Pamph. Acts 1865-6 p. 69, to apply to all cases of “ parties complaining of error ” committed by the County Judge, whether presiding in Term or otherwise. We, therefore, reverse the judgment of the Court below, and direct the hearing of the certiorari upon its merits.

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