Porterfield v. City of Lagrange
Porterfield v. City of Lagrange
Opinion of the Court
The defendant was convicted in the recorder’s court of LaGrange. She presented and had sanctioned her petition to the superior court of Troup County for certiorari. On the hearing the defendant in certiorari moved to dismiss the writ, on the grounds that no proper certiorari bond had been filed, that no notice of sanction had been served on the opposite party, and that the petition was defective for the alleged reason that it failed to set forth that the bond given was payable to the municipality, or that it provided for the personal appearance of the plaintiff to abide the final result, judgment, or order of the court. The court sustained this motion and dismissed the certiorari.
It affirmatively appears from the petition that the defendant, desiring to apply for the writ of certiorari, she gave the required notice of her intention, and that “she has given bond in the amount assessed by said recorder for her appearance to abide the final order, judgment, or sentence of said court or the superior court in said case, which bond has been attested, accepted, and approved and filed by the clerk of said recorder’s court; a certified copy of said bond is hereto attached and marked exhibit E.” The exhibit attached, together with the certificate of the clerk of the recorder’s court, shows that the bond is made payable unto the City of LaGrange and is conditioned that “if the said Marie Porterfield shall personally appear and abide the final order, judgment, or sentence upon her in said ease, then this bond to be void; otherwise of force.” It is signed by the principal under seal, and by “United States Fidelity and Guaranty Company, by’ K. D. Burgess Jr., General Agent (seal),” as security. There is a sufficient allegation in the petition, as to the making of the bond, to comply with the requirements of the law. The bond itself is conditioned to appear and abide the final judgment, and it measures up to the necessary requirements. •
The point is made that the authority of the agent executing the bond on the behalf of the security does not sufficiently appear. In addition to the signature quoted above, the bond has the following: “Countersigned, C. L. Traylor, atty. in fact for United
A further ground of the motion to dismiss was that it did not appear that notice of the sanction had been given to the opposite party ten days before the hearing on the petition. A full and complete notice of the sanction of the petition for certiorari, and the time and place of hearing, addressed to the City of LaGrange or its attorney at law, is contained in the record, which notice contains a certificate of counsel, undated, that they served the same
Judgment reversed.
Reference
- Full Case Name
- PORTERFIELD v. CITY OF LaGRANGE
- Cited By
- 1 case
- Status
- Published