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Hendon v. Cochran

Court of Appeals of Georgia
Nov 7, 1985
338 S.E.2d 465 (Ga. Ct. App. 1985)

Opinion

71355.

DECIDED NOVEMBER 7, 1985. REHEARING DENIED DECEMBER 3, 1985.

Appeal dismissal. Douglas Superior Court. Before Judge Noland.

Robert A. Kunz, James H. Lewis, for appellant.

Joseph H. Fowler, for appellee.


Appellant directly appeals from the superior court's dismissal of her petition for certiorari in which she expressed dissatisfaction with the results of an inquest conducted by a coroner and coroner's jury. Held:

"The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers . . ." OCGA § 5-4-1. "While the coroner is charged with certain ancillary ministerial duties . . . , the primary function of the coroner is to conduct an inquest. The legislature has defined the term `inquest' as `an official judicial inquiry before a coroner and a coroner's jury for the purpose of determining the cause of death.'. . . [Former] Code § 21-202 (3) [now OCGA § 45-16-21 (3)] . . . Furthermore, as stated in Gillikin v. U.S. Fidelity c. Co., 254 N.C. 247, 249 ( 118 S.E.2d 606) (1961), `The duty of determining whether an inquest is necessary and the manner of conducting an inquest are judicial functions.'" Sanders v. State, 151 Ga. App. 590, 591 ( 260 S.E.2d 504).

As appellant has failed to follow the appeal procedures required in OCGA § 5-6-35, her appeal must be dismissed. See Walker v. City of Macon, 166 Ga. App. 228 ( 303 S.E.2d 776). See also Bright v. DeKalb County, 174 Ga. App. 662 ( 331 S.E.2d 58); Crawford v. Goza, 168 Ga. App. 565 ( 310 S.E.2d 1).

Appeal dismissed. Banke, C. J., and Benham, J., concur.


DECIDED NOVEMBER 7, 1985 — REHEARING DENIED DECEMBER 3, 1985 — CERT. APPLIED FOR.


Summaries of

Hendon v. Cochran

Court of Appeals of Georgia
Nov 7, 1985
338 S.E.2d 465 (Ga. Ct. App. 1985)
Case details for

Hendon v. Cochran

Case Details

Full title:HENDON v. COCHRAN

Court:Court of Appeals of Georgia

Date published: Nov 7, 1985

Citations

338 S.E.2d 465 (Ga. Ct. App. 1985)
338 S.E.2d 465