118 Ga. 13 | Ga. | 1903
The plaintiff in error was brought to trial in the city court of Forsyth, upon an accusation charging him with the offense of trespass, and the jury returned a verdict of guilty. He thereupon applied to the superior court for a writ of certiorari. On the hearing of the case in that court, a motion was made “ to dismiss the certiorari, for non-compliance with the statutes in regard to carrying cases to the superior court by writ of certiorari.” This motion was sustained, and his honor passed an order which recited that the case was “dismissed on the ground that no certificate of the payment of costs, or affidavit in lieu thereof, appears to have been made before the writ of certiorari issued, as provided by the statute.” To this judgment of dismissal the accused excepted. On the argument here, counsel called our attention to the fact that
While this method for carrying cases by writ of certiorari to the ■superior court can be literally followed in civil actions, it is not adjusted to á criminal case, for the reasons pointed out by Mr. Justice Fish in Mohrman v. Augusta, 103 Ga. 841, wherein this court held that: “ Section 4639 of the Civil Code applies exclusively to -civil cases.” There the precise point raised was whether or not it
Judgment reversed.