Georgia Court of Appeals, 1921

Johnson v. Barrett

Georgia Court of Appeals · Decided May 2, 1921 · Stephens

26 Ga. App. 781; 107 S.E. 168; 1921 Ga. App. LEXIS 635

Cases that cite this one

4 later published cases cite this decision.

General Electric Service Corp. v. Holloway Lumber Co. (Ga. Ct. App. 1953)
Nalley & Co. v. Moore (Ga. Ct. App. 1935)
Felker v. Freeman (Ga. Ct. App. 1933)
Reed v. Kriegshaber & Son Inc. (Ga. Ct. App. 1931)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Stephens, J.

1. The writ of certiorari does not lie to correct a judgment of an inferior judiciatory until after a final determination of the cause. A judgment of an inferior judiciatory overruling a demurrer to a petition not being a final determination of the cause, the writ of certiorari does not lie to review such judgment where the cause is still pending in the trial court and before it has been finally determined. Singer Mfg. Co. v. McNeal Paint & Glass Co., 117 Ga. 1005 (44 S. E. 801); Everidge v. Berrys, 93 Ga. 760 (20 S. E. 644); Civil Code, (1910), § 5188.

2. The judge of the superior court therefore erred in sustaining a petition for certiorari which sought, before a final determination of the cause, to review a judgment of a judge of the municipal court of Atlanta overruling a general demurrer to a petition.

Judgment reversed..

Jenkins, P. J., and Hill, J., concur.

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