Peacock v. American Plant Co.

1. “The fact that a magistrate answered a writ of certiorari amounts to a waiver of the service of the writ and petition upon him as required by section 4643 of the Civil Code” (Code of 1910, § 5189). Crapp v. Morris, 108 Ga. 793 (33 S. E. 951). The written notice, required by section 5190 of the Civil Code (1910) to be given by the plaintiff in certiorari to the opposite party, his agent, or attorney, as to the sanction of the writ and the time and place of hearing, also may be waived, but such a written waiver should appear in the record. McConnell v. Folsom, 4 Ga. App. 535 (2) (61 S. E.…