Mitchell v. Simmons

Decided January 15, 1877

Supreme Court of Georgia · decided 1877-01-15

<p>Where a jietition for certiorari was sanctioned and filed, but the clerk failed to issue the writ returnable to the next superior court, there was no error in passing an order at the next term that the clerk issue such writ, and that it be served as the law directs.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1877-01-15

How this case has been cited

Cited by 5 later decisions — most recently October 1925

5 state decisions

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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Warner, Chief Justice.

¶1It appears from the record and bill of exceptions in this case, that the plaintiff in certiorari presented his petition therefor to the judge of the superior court, which was sanctioned by him on the 30th of June, 1876, and the writ of certiorari ordered to be issued; that the petition was then filed in the cleric’s office on the 5th of July, 1876, but the cleric failed to issue the writ of certiorari returnable to the next term of the court. At the next term, the court ordered the cleric to issue the writ of certiorari in terms of the law, and to be served as the law directs. To this order of the court the defendant in certiorari excepted.

¶2We find no error in the order of the court on the statement of' facts contained in the record.

¶3Let the judgment of the court below be affirmed.