Georgia Court of Appeals, 1915

Lester v. Cone

Lester v. Cone
Georgia Court of Appeals · Decided July 2, 1915 · Bboyles
16 Ga. App. 571; 85 S.E. 766; 1915 Ga. App. LEXIS 130

Lester v. Cone

Opinion of the Court

Bboyles, J.

A certiorari bond not approved by the magistrate who tried the case is void. Under the rulings in Southern Ry. Co. v. Oliver, 13 Ga. App. 5 (78 S. E. 684), and Dykes v. Twiggs County, 115 Ga. 698 (42 S. E. 36), the fact that the trial magistrate certifies that “all ' costs have been paid by the petitioner and he has given bond as required by law” is not an equivalent or sufficient substitute for such approval. Accordingly the judge of the superior court did not err in dismissing the certiorari in this ease. Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.