Supreme Court of Georgia, 1901

Wortham v. Equitable Mortgage Co.

Wortham v. Equitable Mortgage Co.
Supreme Court of Georgia · Decided December 10, 1901 · Lewis
114 Ga. 274; 40 S.E. 242; 1901 Ga. LEXIS 660

Wortham v. Equitable Mortgage Co.

Opinion of the Court

Lewis, J.

The Supreme Court will uphold a judgment dismissing a certiorari on the ground that the writ of certiorari had never been served upon the judge by whom the case was tried in the first instance, when the evidence upon the question of service was conflicting, and that introduced in support of the motion to dismiss warranted a finding that there had been no service of the writ at all.

Judgment affirmed.

All the Justices concurring.

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