55 Ga. 315 | Ga. | 1875
A motion was made in the justice’s court to enter up judgment, nuno pro tunc, upon the verdict of a jury rendered in 1864. The justice refused to grant the motion, and the plaintiff, J. W. Black, carried the case by certiorari to the superior court. That court sustained the certiorari, and passed an order for a new trial, and directing the justice to “enter and sign up judgment, nunc pro tunc, for the plaintiff for principal, interest and costs.” The defendant appeals to this court, and assigns for error: first, that the court erred in this, that the statute, in cases where the costs are not paid and bond given, requires the party applying for the writ to swear “ that he is advised,” as well as that he believes he has good cause for certiorari; secondly, that the court erred in this, that he not only granted the new trial but directed the justice to enter and sign up judgment; thirdly, that the verdict was against the defendant, executor, and not as executor.
Judgment reversed.