Whitfield County v. Hogan
Whitfield County v. Hogan
Opinion of the Court
Hogan obtained a judgment for damages against Whitfield County and others. The county sued out a certiorari, which could very properly have been dismissed upon the ground that the second filing of the petition (the first one having been withdrawn for reasons appearing in the record) and the issuance of a second writ by the clerk of the superior court were unauthorized. The judge of the superior court did not order the issuance of a second writ. The court, upon the hearing, overruled the certiorari instead of dismissing it, but the legal effect of the judgment rendered was precisely the same as if the court had sustained a motion to dismiss; and therefore it does not appear how the ruling complained of (even if error) worked injury
Judgment affirmed on main bill of exceptions; cross-bill of exceptions dismissed.
Reference
- Full Case Name
- WHITFIELD COUNTY v. HOGAN and vice versa
- Cited By
- 3 cases
- Status
- Published