Georgia Court of Appeals, 1939

City of Manchester v. Rowe

Georgia Court of Appeals · Decided September 11, 1939 · Felton

60 Ga. App. 567; 4 S.E.2d 477; 1939 Ga. App. LEXIS 87

Cases that cite this one

9 later published cases cite this decision.

State v. Stuckey (Ga. Ct. App. 1978)
Potts v. State (Ga. 1976)
City of Atlanta v. Stallings (Ga. Ct. App. 1944)
State v. Potts (Ga. Ct. App. 1975)
City of Winder v. Abner (Ga. Ct. App. 1972)
City of Gainesville v. Butts (Ga. Ct. App. 1972)
City of Dacula v. Allen (Ga. Ct. App. 1961)
City of Atlanta v. Stallings (Ga. 1944)
City of Moultrie v. Csiki (Ga. Ct. App. 1944)

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

Felton, J.

1. The power of a municipality to exercise police jurisdiction is delegated by the State, and the municipal corporation as a party to a criminal proceeding stands in the place of the State. Cranston v. Augusta, 61 Ga. 572.

2. Prosecution for violation of an ordinance of a municipal corporation is a quasi criminal action, and a decision of the superior court reversing a judgment of a municipal court convicting one of a violation of a municipal ordinance is not subject to review by this court. Mayor &c. of Hawkinsville v. Etheridge, 96 Ga. 326 (22 S. E. 585); City of Valdosta v. Goodwin, 21 Ga. App. 664 (94 S. E. 812).

3. The Code, § 110-701, providing that a void judgment may be atta'eked in any court by any person, does not confer the right of appeal upon the State in a criminal action. State v. B’Gos, 175 Ga. 627 (165 S. E. 566).

Writ of error dismissed.

Stephens, P. J., and Sutton, J., eónour.

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