Issues neither raised at trial nor in certiorari petition.

- Question of freight charges not raised in justice's court on trial cannot properly be raised in superior court or Court of Appeals. Fine & Bro. v. Southern Express Co., 10 Ga. App. 161, 73 S.E. 35 (1911).

Writ of certiorari lies only for correction of errors committed in trial court, and no question, unless first raised there, can be considered by superior court or by this court. Cohen v. Finkovitch, 40 Ga. App. 94, 149 S.E. 66 (1929).

When it does not appear from record that certain issues were raised in the trial court, the issues cannot be raised by certiorari in the superior court. Bell v. City of Valdosta, 47 Ga. App. 808, 171 S.E. 572 (1933).

Issues neither raised at trial nor in certiorari petition cannot be reviewed by Court of Appeals. Bell v. City of Valdosta, 47 Ga. App. 808, 171 S.E. 572 (1933).

When issue not raised in petition for certiorari nor considered by the trial court, the appellate court is without authority to review the petition. Hodnett v. City of Atlanta, 145 Ga. App. 285, 243 S.E.2d 605 (1978).

Admission of illegal evidence at trial without objection is not ground for certiorari when both parties were represented by counsel. Cohen v. Finkovitch, 40 Ga. App. 94, 149 S.E. 66 (1929).

Supreme Court cannot hold dismissal of certiorari improper when petition sets forth no errors. Richards v. Little, 88 Ga. 176, 14 S.E. 207 (1891).

Petition must specify ruling complained of to avoid dismissal.

- Petition which fails to point out as erroneous any specific ruling of judge who tried case, and which does not complain specifically of any ruling that was made by the judge during the trial, is properly dismissed. Cohen v. Finkovitch, 40 Ga. App. 94, 149 S.E. 66 (1929).

Petition must allege error specifically and distinctly so that reviewing court may understand grounds relied on. Lynn v. Crapps, 47 Ga. App. 744, 171 S.E. 398 (1933).

Petition must state what objection was made at trial.

- Alleged error in admitting evidence cannot be considered by superior court when petition for certiorari does not state what, if any, objection was made when evidence was offered. Cohen v. Finkovitch, 40 Ga. App. 94, 149 S.E. 66 (1929).

Petition for certiorari from conviction for violation of municipal ordinance should contain provisions of ordinance.

- Because a city's petition for certiorari plainly and distinctly asserted the errors complained of, the superior court did not err in denying the city's motion to dismiss; moreover, the record reflected that the bar managers cited for violation of Atlanta, Ga., Code of Ordinances § 10-46 (1995) preserved the issue as to the constitutionality of the ordinance and the ordinance's enforcement. City of Atlanta v. Jones, 283 Ga. App. 125, 640 S.E.2d 698 (2006).

Assignment of error that verdict was contrary to or unsupported by evidence is sufficient. Gresham v. Lee, 28 Ga. App. 576, 112 S.E. 524 (1922).

Assignment of error that verdict is contrary to law, truth, and justice is insufficient and dismissal is proper. Taft Co. v. Smith, 112 Ga. 196, 37 S.E. 424 (1900); Callaway v. City of Atlanta, 6 Ga. App. 354, 64 S.E. 1105 (1909); Huson v. Farmer, 53 Ga. App. 131, 185 S.E. 119 (1936).

When only error assigned is that dismissal below was erroneous, dismissal of petition will result. Hicks v. Smith, 28 Ga. App. 594, 112 S.E. 295 (1922).

Ground of motion for new trial that verdict is excessive is too general. Bart v. Scheider, 39 Ga. App. 467, 147 S.E. 430 (1929).

Overruling certiorari upon legal ground apparent in record.

- Section does not preclude judge from overruling certiorari and affirming judgment of trial court upon legal ground apparent in record, without reference to reason given for judgment. Fowler v. King, 29 Ga. App. 500, 116 S.E. 54 (1923).

Any evidence test.

- Appropriate standard of review to be applied to issues of fact on writ of certiorari to the superior court is whether the decision below was supported by any evidence. City of Atlanta Gov't v. Smith, 228 Ga. App. 864, 493 S.E.2d 51 (1997).

"Substantial evidence" test prescribed.

- Bolton v. City of Newman, 22 Ga. App. 15, 95 S.E. 472 (1918), which established the "slight evidence" test as a correct test to be used in determining whether the superior court erred in "overruling" a petition for certiorari, is no longer the proper standard to be applied. Subsection (b) of O.C.G.A. § 5-4-12 prescribes the use of the "substantial evidence" test. Graham v. Wilkes, 188 Ga. App. 402, 373 S.E.2d 90 (1988).

Upon certiorari, judge of superior court has right to pass upon credibility of witnesses. Atlantic Coast Line R.R. v. Thomas, 12 Ga. App. 209, 77 S.E. 13 (1913).

Upon certiorari, judge of superior court may exercise original discretion as to correctness of verdict, which is not possessed by other courts of review. Atlantic Coast Line R.R. v. Thomas, 12 Ga. App. 209, 77 S.E. 13 (1913); Macon v. United States Fid. & Guar. Co., 41 Ga. App. 774, 154 S.E. 702 (1930).

Nature and extent of superior court judge's discretion in reviewing evidence upon certiorari.

- Brown v. Mosteller, 181 Ga. 457, 182 S.E. 519 (1935).

Administrative ruling.

- Standard of appellate court review of superior court decisions, that of "some" or "any evidence," is not intended to supervene or diminish the requirement that an administrative ruling be supported by substantial evidence. Wherever evidence before the administrative board is equivocal, the superior court errs in denying certiorari to determine whether the administrative board's ruling is supported by substantial evidence. Guntharp v. Cobb County, 168 Ga. App. 33, 307 S.E.2d 925 (1983).

Hearing before county board of commissioners issuing "order" finding liability for business taxes and directing that a fieri facias be issued for the amount of taxes due does not constitute a decision of an inferior judicatory from which the taxpayer should petition for certiorari in the superior court when the hearing is not transcribed or recorded, but is memorialized only by the minutes of the meeting, the hearing is not conducted in accordance with judicial procedure, and the ordinance in question does not give an appellant as a matter of right a trial in accordance with judicial procedure. Accordingly, declaratory judgment relief is proper. Georgia Farm Bureau Mut. Ins. Co. v. DeKalb County, 167 Ga. App. 577, 306 S.E.2d 924 (1983).

Hearing officer's decision not reversible based on outcome of subsequent criminal trial.

- Hearing officer affirmed a county's dismissal of a police officer for conduct unbecoming an officer based on an act of domestic violence; the officer sought a writ of certiorari under O.C.G.A. § 5-4-12(b). Reversal of the hearing officer's decision based on the officer's subsequently being found not guilty of all criminal charges stemming from the incident was improper as this occurred after the hearing officer's decision was issued, was not a part of the administrative record, and was irrelevant to the determination of whether the county properly terminated the officer's employment. DeKalb County v. Bull, 295 Ga. App. 551, 672 S.E.2d 500 (2009).

Court without authority to enforce 2010 order.

- Trial court erred in upholding the decision of a recorder's court finding the defendant in contempt of the 2010 Order from an unrelated case because the uncontroverted evidence showed that the 2010 case against the defendant had been dismissed; thus, the recorder's court was divested of jurisdiction to consider the contempt motion as part of the 2013 enforcement action and lacked authority to enforce the 2010 Order, which was no longer in effect. Lewis v. City of Savannah, 336 Ga. App. 126, 784 S.E.2d 1 (2016).

Cited in Long v. England, 28 Ga. App. 818, 113 S.E. 50 (1922); Logan v. State, 56 Ga. App. 460, 192 S.E. 839 (1937); Britt v. State, 65 Ga. App. 812, 16 S.E.2d 523 (1941); Morman v. Pritchard, 108 Ga. App. 247, 132 S.E.2d 561 (1963); City of Atlanta v. Whitten, 144 Ga. App. 224, 240 S.E.2d 771 (1977); International Funeral Servs., Inc. v. DeKalb County, 244 Ga. 707, 261 S.E.2d 625 (1979); Sullivan v. Brownlee, 174 Ga. App. 813, 331 S.E.2d 622 (1985); Lee v. Hutson, 810 F.2d 1030 (11th Cir. 1987); Foreman v. City of College Park, 199 Ga. App. 827, 406 S.E.2d 261 (1991); Bearden v. City of Austell, 212 Ga. App. 398, 441 S.E.2d 782 (1994).

Am. Jur. 2d.

- 14 Am. Jur. 2d, Certiorari, § 93 et seq.

C.J.S.

- 14 C.J.S., Certiorari, § 92 et seq.

ALR.

- Existence of jurisdictional facts found by inferior tribunal as subject of inquiry on certiorari, 5 A.L.R.2d 675.