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49 Ga. App. 60

Allen v. McGuire

Court of Appeals of Georgia

Decided April 3, 1934

Court of Appeals of Georgia · decided 1934-04-03

Relies on 12 Ga. App. 505 - J. M. High Co. v. Georgia Railway & Power Co. · 25 Ga. App. 646 - Carroll v. Upchurch · Georgia Railway & Power Co. v. J. M. High Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1934-04-03

How this case has been cited

Cited by 6 later decisions — most recently July 1979

1 federal appellate · 5 state decisions

3019341940195019601970decided

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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Guerry, J.

¶1It appearing that the trial magistrate was directed to answer the writ of certiorari at the November term, 1931, of Forsyth superior court, and that no answer was filed at that term and no order was passed at that term allowing an extension of time in which to make such answer, but the answer was filed at a subsequent term, it was not error for the judge of the superior court to dismiss the certiorari for the reason that the answer was not filed in time. High Co. v. Georgia Ry. & Power Co., 12 Ga. App. 505 (77 S. E. 588); Mertins v. Gavalos, 28 Ga. App. 438 (111 S. E. 684); Carroll v. Upchurch, 25 Ga. App. 646 (104 S. E. 16); Baggs-Langford Motor Co. v. Lewis, 34 Ga. App. 205 (129 S. E. 16); Crider v. City Supply Co., 16 Ga. App. 378 (85 S. E. 350). While the rule announced above may seem harsh, the plaintiff in certiorari had the right to renew his petition for certiorari within six months after dismissal. Civil Code, § 4381; Ga. Ry. & Power Co. v. High Co., 15 Ga. App. 243 (82 S. E. 932).

¶2Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.
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