Supreme Court of Georgia, 1905

Macon, Dublin & Savannah Railroad v. Wright

Supreme Court of Georgia · Decided March 27, 1905 · Candles

122 Ga. 654; 50 S.E. 466; 1905 Ga. LEXIS 291

Cases that cite this one

2 later published cases cite this decision.

Johnston v. Brenau College-Conservatory (Ga. 1916)
Schultes v. Campos (Ga. Ct. App. 1908)

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

Candles, J.

Had this case been on trial before a jury upon the evidence introduced at the hearing before the magistrate, it would have been error for the court to direct a verdict, as an issue of fact was formed. Therefore, under the rule laid down by this court in Toole v. Edmondson, 104 Ga. 784, the certiorari was properly dismissed on the ground that appeal to a. jury *655in the justice’s court was the plaintiff's remedy. See also, in this connection, Dotson v. Hawes, 120 Ga. 369.

Argued March 10, — Decided March 27, 1905.

Certiorari. Before Judge Cann. Chatham superior court. December 10, 1904.

Saussy & Saussy, for plaintiff in error. Anton P. Wright, contra.

Judgment affirmed.

All the Justices concur. ■

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