History
  • No items yet
midpage
McDonald v. Cousins
23 Ga. 227
Ga.
1857
Check Treatment

By the Court. —

Lumpkin, J.

delivering the opinion.

In Taylor and Gay, (20 Ga. Rep. 77) this Court held that a certiorari would lie from the decision of the Justices, in a forcible entry and detainer proceeding. We then thought however, that a Court of Justices, extemporized to try such cases, was not a Justices Court proper, but, in the language of the Constitution, an Inferior Judicatory. And that, consequently, the certiorari should not be brought under the act of 1850.

In the case before us, every thing ivas done, except obtaining the previous mandate of the Court, for the writ of certiorari to issue. The answers of the Justices were in, and all the facts before the Court; and we hold, therefore, that the motion to amend should have been allowed.

Judgment reversed.

Case Details

Case Name: McDonald v. Cousins
Court Name: Supreme Court of Georgia
Date Published: Jun 15, 1857
Citation: 23 Ga. 227
Court Abbreviation: Ga.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.