Georgia Court of Appeals, 1925

Roberts v. Selman

Georgia Court of Appeals · Decided June 20, 1925 · No. 16441 · Broyles

34 Ga. App. 171; 128 S.E. 694; 1925 Ga. App. LEXIS 110

Cases that cite this one

1 later published case cites this decision.

Talley v. Commercial Credit Co. (Ga. Ct. App. 1930)

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

Broyles, C. J.

The pauper’s affidavit made to obtain the writ of certiorari should allege that owing to his poverty the affiant is unable to give the required security; and where the allegation is merely that the affiant “is unable to give the security, as required by law,” the writ of certiorari (if issued) is void, the affidavit not being amendable, and the certiorari proceedings should be dismissed. Civil Code (1910), § 5187; Hackett v. Tate, 18 Ga. App. 453 (89 S. E. 535), and citations; Belk v. Cannon, 19 Ga. App. 487 (2) (91 S. E. 790), and citation.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.