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Call Now: 904-383-7448In all cases pending in the superior courts upon certiorari from any inferior judicatory or any person exercising judicial powers, if the judge or other officer before whom the case was tried dies before answering the writ of certiorari or answers that he cannot or does not remember or recollect what occurred at the trial of the case and he therefore cannot or does not make answer to the same, it shall be the duty of the judge who granted the writ of certiorari forthwith to order a new trial of the case in the court below.
(Ga. L. 1861, p. 63, § 1; Code 1868, § 3996; Code 1873, § 4068; Code 1882, § 4068; Civil Code 1895, § 4653; Ga. L. 1899, p. 38, § 1; Civil Code 1910, § 5202; Code 1933, § 19-502; Ga. L. 1933, p. 113, § 1.)
Section applicable only when application for certiorari is valid and contains no fatal defect which renders it subject to dismissal. Miller v. Miller, 96 Ga. App. 469, 100 S.E.2d 594 (1957).
When justice answered but was ordered to amplify answer and died before doing so, section is inapplicable. Atlantic Coast Line R.R. v. Peters, 32 Ga. App. 791, 124 S.E. 815 (1924).
When plaintiff failed to make appropriate, timely motion, former Code 1933, § 19-502 (see O.C.G.A. § 5-4-14) did not affect dismissal under ormer Code 1933, § 19-301 (see O.C.G.A. § 5-4-7). Mathis v. City of Nashville, 49 Ga. App. 309, 175 S.E. 383 (1934).
Cited in Crine v. Morton Salt Co., 178 Ga. 754, 174 S.E. 347 (1934); Orr v. State, 55 Ga. App. 150, 189 S.E. 540 (1937); DeBerry v. Spikes, 188 Ga. 222, 3 S.E.2d 719 (1939); Delinski v. Dunn, 206 Ga. 825, 59 S.E.2d 248 (1950); Delinski v. Dunn, 207 Ga. 723, 64 S.E.2d 44 (1951).
- 14 C.J.S., Certiorari, § 118 et seq.
No results found for Georgia Code 5-4-15.