The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-24
WRITS FROM CITY COURTS
~ IMPORTANT DECISION ny THE
SUPREME COURT.

They Must Go 10 the superior Court
on n Writ of Certiorarf Before
They Can he Taken 20 the Higher
Court-The Creation OF the city
Courts Reviewed in the Decision.
Atlanta. Ga. March 23-The supreme
court to-day decided a most important
question affecting all the city courts IN
the state created under the general law
passed for that purpose. The decision is
that writs Of error from these courts
do not lie with the supreme court, and
cannot be properly brought there unless
they are first carried TO the superior
court on a writ of certiorari
Before the present constitution of the
state was adopted, the city courts OF
Atlanta and Savannah were established
by special acts of the legislature and
when the constitution was adopted il
contained special provisions limiting the
jurisdiction Of the supreme court to writs
of error from all superior courts. and
from the city courts in Atlanta and Sa-
vannah, and other like courts that might
thereafter be established in other cities.
Certain other courts We're established in
other cities. and writs of error were
brought from all 10 the supreme court
for number of years.
In October 1891, the legislature passed
a general act providing for the creation on.
or more inhabitants upon the recOmmen-
dation of the grand 1urieS. This act was az :
| terWard amended so that the courts could
be established in counties having 1900
or more inhabitants. The courts thus
formed were patterned AFTER the city court
| of Macon, previously created under a Spe-
! cial act This courI had the right, under
/ the general law, to come into the superior
| and then the supreme courts on. wrlts OF
certiorari. This general law attempted TO
| give the rights of writs OF error directed
| to the supreme court from all city courts
so established under the general law. Re
| Gently the question was presented TO the
/ supreme court as to whether or not the
| legislature could constitutionally do this.
| The city court of Jackson county was one
created under this general law. and Few
| weeks ago the case Of Stewart against
| the state was brought to the supreme
| court. Stewart was convicted in that
| court and his attorney, r. {. Armistead
| presented to the judge of the Western cir
rari. which the judge declined to consider
/ as no motion had been made for new
| trial in the lower court. TO this refusal
| exceptions were taken and the ease was
| carried to the supreme court The question
presented and argued was whether or not
writ of error from city court created
/ under the general law would be directly
/ to the supreme court. The question was
| also presented in a case that came up al
the same time from Spalding county.
The supreme court thereupon invited a
| general special agreement of this partie-
| ular question, this argument being heard
! last Monday. The supreme court handed
down its decision to-day I'm which IL Is
ruled that writs of error do not lie in the
! supreme court when presented from city
/ courts created only in cases especially
| provided for. Hereafter a writ from city
court will not be considered by the supreme
| court unless it is i'm the form of a writ OF
! certiorari which has been set aside IRON
| the superior court