West v. City of College Park

Full title: WEST v. CITY OF COLLEGE PARK

Court: Court of Appeals of Georgia

Date published: Sep 21, 1967

116 Ga. App. 355 (Ga. Ct. App. 1967)

157 S.E.2d 491

Opinion

42968.

ARGUED JULY 10, 1967.

DECIDED SEPTEMBER 21, 1967.

Certiorari from recorder's court. Fulton Superior Court. Before Judge Etheridge.

McCord, Cooper Voyles, Robert B. McCord, Jr., Wallace, Wallace Driebe, Albert B. Wallace, Stone Stone, Noah J. Stone, for appellant.

George Glaze, Archer, Patrick Sidener, Griffin Patrick, Jr., for appellee.

BELL, Presiding Judge.

The filing of the bond required by Code § 19-214 or a pauper's affidavit is a condition precedent to an application for certiorari to review a judgment of conviction in a recorder's court. Johns v. City of Tifton, 122 Ga. 734 ( 50 S.E. 941); Veazey v. Mayor c. of Crawfordville, 126 Ga. 89 ( 54 S.E. 817); Hubert v. City of Thomasville, 18 Ga. App. 756 ( 90 S.E. 720). The judge of the superior court did not err in dismissing the certiorari in this case, as the petition did not affirmatively show the filing of a proper bond or pauper's affidavit and was therefore a mere nullity. Sauceman v. State, 209 Ga. 60 (3) ( 70 S.E.2d 754); Gillespie v. Mayor c. of Macon, 19 Ga. App. 1, 2 ( 90 S.E.2d 970); Nilsen v. City of LaGrange, 55 Ga. App. 676 (3) ( 191 S.E. 175).

Judgment affirmed. Pannell and Whitman, JJ., concur.

ARGUED JULY 10, 1967 — DECIDED SEPTEMBER 21, 1967.