120 Ga. 460 | Ga. | 1904
This case comes up on exception to the dismissal of a certiorari by the judge of the superior court. The grounds' on which the judge rested his judgment were, (1) that the security on the certiorari bond was the same as that on a former certiorari bond given by the same party in the same case, the first certiorari having been sustained and the case remanded for another hearing, and (2) that the petition for certiorari was not accompanied by a certificate of the magistrate that all the costs had been paid, as required by law. Attached to the petition for certiorari was the following writing, signed by the magistrate: “ ReT ceived of the Western & Atlantic Railroad Company the sum of five 45/100 dollars, in full of all costs to date in the case of S. A. Carder vs. W. &. A. R. R. Co. This 30th day of Jan., 1901.”
Judgment reversed.