22 S.E.2d 147 | Ga. | 1942
A judge of a superior court at the time of sanctioning a petition for certiorari has no authority to approve the required certiorari bond, where it has not been approved or disapproved by the judge or magistrate whose decision or judgment is the subject of complaint.
In article 6, section 4, paragraph 5, of the constitution of Georgia (Code, § 2-3205), it is declared that the superior courts "shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the judge, and said courts and the judges thereof . . shall have such other powers as are or may be conferred on them by law." It is provided *523 by statute that the superior courts shall have authority "to exercise a general supervision over all inferior tribunals, and to review and correct, in the manner prescribed by law, the judgments of the justices of the peace, municipal corporation or police courts or councils, or any inferior judicature;" and that the judges of these courts shall have authority "to grant for their respective circuits writs of certiorari." Code, §§ 24-2615 (4), 24-2616 (1).
Under the foregoing laws, the judge of the superior court, at the time of sanctioning a petition for certiorari, has no authority to approve the certiorari bond, where the bond has not been approved or disapproved by the judge who tried the case; nor is there other law conferring such authority upon him. The question certified by the Court of Appeals is thus answered in the negative. See Kelly v. Jackson,
The conclusion stated is not in conflict with Burckhalter v.O'Connor,
Question answered in the negative. All the Justices concur. *524