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97 Ga. App. 656

104 S.E.2d 155

French v. Long

Court of Appeals of Georgia

Decided May 21, 1958

Court of Appeals of Georgia · decided 1958-05-21

Relies on 96 Ga. App. 179 - McPhail v. Bagley · Conwell v. McWhorter · Savannah, Florida & Western Railway Co. v. Postal Telegraph-Cable Co.

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Decided 1958-05-21

How this case has been cited

Cited by 5 later decisions — most recently November 1981

5 state decisions

201958196019701980decided

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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Carlisle, Judge.

¶1 The Court of Appeals has no original jurisdiction to issue a. writ of mandamus to a judge of the superior court to require liim to perform any act except in aid of a party bringing the case to this court by writ of error and cannot, by such a writ, compel the, trial court to take any step .in a case pending in that court and in which no writ of error has been sued out or applied for. Central R. & Bkg. Co. v. Miller, 91 Ga. 83 (16 S. E. 256); Conwell v. McWhorter, 93 Ga. 254 (19 S. E. 50); Echols v. Candler, 108 Ga. 785 (33 S. E. 811); Savannah, Fla. &c. Ry. Co. v. Postal Telegraph-Cable Co., 113 Ga. 916 (1) (39 S. E. 399); Fountain v. Crum, 148 Ga. 272 (96 S. E. 337); Marlowe v. Worrill, 183 Ga. 275 (188 S. E. 340); McPhail v. Bagley, 96 Ga. App. 179 (99 S. E. 2d 500). Accordingly, this court is without jurisdiction to grant a writ of mandamus, as prayed, against the Judge of Houston Superior Court requiring him to set and assess a reasonable supersedeas bond pending his consideration of a *657 motion for a new trial in a criminal case in which no bill of exceptions has been tendered. It follows that the mandamus nisi originally issued by this court upon application was improvidently issued and must be withdrawn, and the

Decided May 21, 1958. D. Lee Churchwell, for petitioner. Wm. M. West, Solicitor-General, contra.

¶2 Application for mandamus dismissed.

Gardner, P. J., and Townsend, J., concur.
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