Whitfield County v. Hogan

Hogan obtained a judgment for damages against Whitfield County and others. The county sued out a certiorari, which could very properly have been dismissed upon the ground that the second filing of the petition (the first one having been withdrawn for reasons appearing in the record) and the issuance of a second writ by the clerk of the superior court were unauthorized. The judge of the superior court did not order the issuance of a second writ. The court, upon the hearing, overruled the certiorari instead of dismissing it, but the legal effect of the judgment rendered was precisely the same…