¶1[A petition for certiorari was taken from the decision of Thomas Waldhour, J. P. On October 22, 1883, the judge of the superior court granted an order that the writ of certiorari issue on filing bond and making affidavit according to law. A bond appears in the record attested by W. F. Taylor, J. I\, without date or other approval. There is a certificate from the presiding justice that the costs were paid. When the case was called, counsel for t defendant in certiorari moved to dismiss it, because the bond bore no date, because the certificate did not show that bond had been given, and because the bond was not taken by the magistrate who tried the case or by the clerk of the superior court. The certiorari was dismissed, and plaintiff therein excepted.]
74 Ga. 369
Hester v. Keller
Decided January 6, 1885
Supreme Court of Georgia · decided 1885-01-06
<p>It makes no difference who attests the certiorari bond, but it must be accepted and approved by the justice who tried the case. If the bond itself shows on its face its acceptance and approval by the justice who tried the case, it is sufficient, though there may be no certificate thereof; but the record must show somewhere that such justice did accept and approve the bond; otherwise the certiorari will he dismissed. Code, §4055; 64 Qa., 599; 70 Id., 523; 67 Id., 274.</p>
Good law ✅— No negative treatment on recordhow we know
Judgment affirmed · Decided 1885-01-06
How this case has been cited
Cited by 9 later decisions — most recently January 1962
9 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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