27 Ga. 65 | Ga. | 1859
delivering the opinion.
This Court has decided that there are cases which are not embraced in the-section of the Judiciary Act of 1799,which relates to certioraris. That Act was, no doubt, designed to carry into effect the provision of the Constitution in regard to the correction of errors in inferior judicatories, but it cannot abridge the constitutional rights of litigant parties. I have no doubt that the framers of the Judiciary Act intended that a party, to entitle himself to a writ of certiorari, should make his exceptions to the proceedings in writing, while the case is in progress, and sign them, or have his counsel to sign them. If the Court overrule them, he would then be entitled to a writ of certiorari, provided the Judge of the Superior Court should deem them sufficient; and such I believe'to be the construction of the Act. Bui it is not necessary to consider that subject further.
Judgment reversed.