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WEST v. CITY OF COLLEGE PARK

Court of Appeals of Georgia.
Sep 21, 1967
Important Paras
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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.