54 Ga. 584 | Ga. | 1875
A note was sued upon in a justice’s court on the second day of commercial grace. It. was a Georgia contract and promised payment thirty days after date. The thirty days expired on the 14th of April, and suit was brought on the 16th. There was due service, but no appearance or defense. Judgment was rendered for the. plaintiff, and shortly afterwards the defendant came in and moved to set it aside, because the suit had been prematurely brought. The justice overruled the motion, and the plaintiff petitioned the judge of the superior court for a certiorari, complaining that the judgment was illegally rendered, and his motion to set it aside illegally denied. The judge refused to sanction the application for certiorari, and that refusal is here for review.
Judgment affirmed.