29 S.E.2d 447 | Ga. Ct. App. | 1944
The court did not err in dismissing the certiorari for want of service. (a) Under the Code, § 19-211, after the issuance of a writ of certiorari, the "writ, together with the petition," must be served on the magistrate to whom it is directed "at least 15 days previous to the court to which the return is to be made." (b) Where, as here, the attorney who represented the applicant at the hearing before the superior court on the certiorari stated that the attorney who represented the applicant at the original trial, but who did not appear as counsel for the applicant at the hearing, told him that the proceedings for sanction and filing were left on the desk in the office of the trial magistrate, — this is not sufficient to prove service on the trial magistrate. The mailing by the clerk of such writ to the magistrate with the petition, at the request of the attorney, is not service. Henry v. State,
Judgment affirmed. Broyles, C. J., and MacIntyre, J.,concur.