From Casetext: Smarter Legal Research

Belt v. Usher

Court of Appeals of Georgia
Feb 12, 1962
124 S.E.2d 453 (Ga. Ct. App. 1962)

Opinion

39431.

DECIDED FEBRUARY 12, 1962.

Application for mandamus.

Charles Inman Belt, pro se.


"The Court of Appeals has no original jurisdiction to issue a writ of mandamus to a judge of the superior court to require him to perform any act except in aid of a party bringing the case to this court by writ of error and cannot, by such a writ, compel the trial court to take any step in a case pending in that court and in which no writ of error has been sued out or applied for." French v. Long, 97 Ga. App. 656 ( 104 S.E.2d 155). Accordingly, this court is without jurisdiction to grant the petition for a mandamus nisi, seeking to require the trial judge to sign a nisi directed to the Solicitor-General of Jenkins Superior Court, requiring the latter to show cause why a verdict, judgment and sentence against said petitioner is not illegal and void.

Application for mandamus nisi denied for lack of jurisdiction. Felton, C. J., and Bell, J., concur.

DECIDED FEBRUARY 12, 1962.


Summaries of

Belt v. Usher

Court of Appeals of Georgia
Feb 12, 1962
124 S.E.2d 453 (Ga. Ct. App. 1962)
Case details for

Belt v. Usher

Case Details

Full title:BELT v. USHER, Judge

Court:Court of Appeals of Georgia

Date published: Feb 12, 1962

Citations

124 S.E.2d 453 (Ga. Ct. App. 1962)
124 S.E.2d 453

Citing Cases

Beavers v. Judges of Fulton Superior Court

EBERHARDT, Judge. This court is without jurisdiction to issue a mandamus nisi seeking to require the judge of…