5 S.E.2d 918 | Ga. Ct. App. | 1939
The overruling of the certiorari was not error for any reason assigned.
It is well settled that in a petition for certiorari the petitioner "shall plainly and distinctly set forth the errors complained of." Code, § 19-203. And in Griffin v. Henderson,
The evidence as to whether Raley was physically incapacitated by disease or accident from performing the light duties which his superior officers required of him is voluminous and in sharp conflict. However, a careful study of the evidence convinces us that the commission, acting as court and jury, was authorized to find against him on this issue of fact and to hold that he was guilty of the charges preferred against him. It follows that the judge of the superior court did not err in overruling the certiorari.
Judgment affirmed. MacIntyre and Guerry, JJ., concur.