162 Ga. 350 | Ga. | 1926
This was a petition for certiorari, which had been sanctioned by the judge of the superior court, in which petition plaintiff in certiorari sought to have reviewed a final judgment rendered in the municipal court in the City of Macon. When the case was called for hearing, counsel for defendant in certiorari made a motion to dismiss the petition for certiorari, upon the ground that “the writ of certiorari from the municipal court, City of Macon, had been abolished by the acts of the legislature in 1925 (page 465).” This motion was sustained, and final judgment against plaintiff in certiorari was entered. To this judgment dismissing the petition the plaintiff in certiorari excepted; and in the bill of exceptions it is recited that the plaintiff in error “does here and now except and assigns the dismissal of the petition for certiorari as error, because the procedure provided for in the acts of 1925, page 465, did not govern the case at bar, for the reason that said claim case was tried on July 14th, 1925, prior to the passage of the above act, and to do so would make said law retroactive in its effect.” And then follows the statement of three 'other grounds upon which plaintiff in error contends that the judgment of dismissal was erroneous, to wit: That so much of the act in question as relates to the method of review of erroneous judgments, contained in sections 1 and 2, is uneonstitu
