McLaren v. Brown

34 Ga. 583 | Ga. | 1866

Walker, J.

When this case was called, counsel admitted that it is controlled by the case of Chapman vs. Woodruff, 34 Ga. Rep. 91. This case was not published when the decision now complained of was made. In that case, this Court decided that a certiorari may issue irpon petition to the Superior Court, as provided in section 3960 of the Gode, to correct an error committed by the- Justices of the Inferior Court presiding on the trial of a habeas corpus case. In this case the Judge dismissed the c&rtiorari, because sued out under the provision of this section, and not under section 3958.

Judgment reversed.