181 Ga. 457 | Ga. | 1935
At the May term, 1934, of the superior court of Meriwether County a total divorce was granted to both husband and wife in a libel for divorce instituted by Mrs. Julia Brown against Ralph Brown. The custody of their four-year
“A judge of the superior court, in passing on a certiorari, where questions of fact are involved and the evidence is conflicting, has a discretion to sustain the certiorari, similar to the discretion allowed him in granting a first new trial; and that discretion will not be controlled, unless it has been manifestly abused.” Weathersby v. Jordan, 124 Ga. 68 (52 S. E. 83); Connolly Realty Co. v. Nalley, 38 Ga. App. 292 (143 S. E. 786). “The function of a judge of the superior court, in reviewing the evidence on certiorari, is very similar to that which he exercises in reviewing the evidence upon a motion for new trial. It involves a right and a discretion with which trial judges are clothed, but which reviewing courts do. not possess. It is an original discretion, and with it is coupled the right to pass upon the credibility of the witnesses.” A. C. L. R. Co. v. Thomas, 12 Ga. App. 209, 211 (77 S. E. 13). It not appearing that the discretion with
Judgment affirmed.