117 Ga. 990 | Ga. | 1903
It appears from the record in this case that the defendant in error caused a summons of garnishment to be served upon the Southern Railway Company, calling upon it to answer as-to its indebtedness, if any, to George D. Tyner; that the garnishment was dissolved by his giving bond and security, as provided for by statute; that the case was tried before a jury in the justice’s court from which the summons issued; and that their verdict was adverse to him. It further appears that he sued out a writ of certiorari, but, owing to the fact that his petition did not disclose that he had dissolved the garnishment by giving bond and security, the proceedings were dismissed on motion of the defendant in certiorari ; and that he (Tyner) subsequently undertook to renew the suit by presenting to the superior court a second petition for certiorari, which was duly sanctioned. The complaint presented by the bill of exceptions is that the court below erred in again dismissing the case on motion of counsel for the defendant in certiorari. One of the grounds of this motion was that the petition for certiorari failed to “ point out any error with sufficient particularity, . . or put the court on notice of what issue was made and tried in the justice court.” The first assignment of error made in the petition is that counsel for Tyner was not permitted to ask him, while testifying as a witness, a certain question; but no attempt to inform the court as to what facts were thus sought to be elicited is made. This assignment of error is wholly without merit. Bigby v. Warnock,
We find in the bill of exceptions what purports to be a copy of
The motion to dismiss also called into question the right of the plaintiff in certiorari to renew the action in the superior court by presenting, within six months after its dismissal in that court, a secoud petition; but as this petition contained no assignment of error which could be considered, the case should have been dismissed, irrespective of whether the motion did or did not- present other grounds upon which a judgment of dismissal could be based.
Judgment affirmed.