Dismissal or Return of Writ to Lower Court With Instructions; Entry by Superior Court of Final Decision Where No Questions of Fact Involved

  1. Law
  2. Georgia Code
  3. Appeal and Error
  4. Certiorari to Superior Court
  5. Dismissal or Return of Writ to Lower Court With Instructions; Entry by Superior Court of Final Decision Where No Questions of Fact Involved

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  1. Upon the hearing of a writ of certiorari, the superior court may order the same to be dismissed or may return the same to the court from which it came with instructions.
  2. In all cases when the error complained of is an error in law which must finally govern the case, and the court is satisfied that there is no question of fact involved which makes it necessary to send the case back for a new hearing before the tribunal below, it shall be the duty of the judge of the superior court to make a final decision in the case without sending it back to the tribunal below.

(Laws 1850, Cobb's 1851 Digest, p. 529; Code 1863, § 3975; Code 1868, § 3995; Code 1873, § 4067; Code 1882, § 4067; Civil Code 1895, § 4652; Civil Code 1910, § 5201; Code 1933, § 19-501.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 14 Am. Jur. 2d, Certiorari, §§ 85 et seq., 103 et seq.

5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.

C.J.S.

- 14 C.J.S., Certiorari, §§ 92 et seq., 111 et seq.

ALR.

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


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