122 Ga. 593 | Ga. | 1905
(After stating the foregoing facts.) The plaintiff in error, having been convicted of a misdemeanor in the county court, applied for a writ of certiorari. The judge sanctioned the petition and. required the answer to be made before him on January 14, 1905. A formal writ was issued by the clerk, returnable to the April term of Stewart superior court. On January 14, the case was called by the judge, and, on motion of the petitioner, was continued until January 28. It was again continued by the judge, on his motion, until January 30. It was then dismissed because the solicitor-general had not been served as required by law. The plaintiff in error contends that this was a case to be heard in vacation, and was not one pending in the superior court, and therefore it was not necessary to serve the solicitor-general. Civil Code, § 5862. In support of this contention he cites Allen v. State, 51 Ga. 264. From an examination of that case it will be seen that the opinion nowhere discusses the point here involved, though from a note it appears that the matter had been passed on by the court. Inasmuch as jurisdiction to correct errors by writ of certiorari is in the superior court (Civil Code, § 5846), and not in the judge as a special tribunal, I am personally of the opinion that all such cases are to be treated as pend
Affirmed.