Cole v. Thurman

Suit on a forthcoming bond was brought against Cole et al., in a justice’s court. Judgment was rendered against the defendants. They presented a petition for certiorari to the judge of the superior court, who, on March 28, 1903, sanctioned it and ordered the writ to issue. The petition was filed with the clerk, who, on April 6, issued the writ. The bond and the certificate as to costs were not filed with the clerk until April 10, 1903. *56When the case came on to be heard in the superior court, a motion was made to dismiss it on the ground that the petition had been filed and the writ issued…