Georgia Court of Appeals, 1916

Hight v. Atlanta Telephone & Telegraph Co.

Hight v. Atlanta Telephone & Telegraph Co.
Georgia Court of Appeals · Decided July 12, 1916 · Hodges
18 Ga. App. 432; 89 S.E. 430; 1916 Ga. App. LEXIS 394

Hight v. Atlanta Telephone & Telegraph Co.

Opinion of the Court

Hodges, J.

The answer to the petition for certiorari not affirmatively showing that a final judgment was rendered, the judge of the superior court did not err in dismissing the certiorari. A motion to postpone the hearing of the certiorari in the superior court was not the remedy. Exceptions to the answer should have been taken by the party whose rights were affected by the incomplete answer. Civil Code, § 5196; Ford v. Toomer, 116 Ga. 795 (43 S. E. 45); Stoner v. Magins, 116 Ga. 797 (43 S. E. 45). Judgment affirmed.

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