Cunningham v. Elliott

Bleckley, Chief Justice.

1. Under §4052 of the code, either party may have a writ of certiorari. One may complain that he got too little; the other, that the prevailing party was entitled to nothing or to less than he did get. There seems to be no reason why complaint by the one should prevent the other from complaining also, or why, if both apply in time, the slower one should fail because the faster had been more expeditious than himself. In this case the pendency of the first writ sued out was no ground for dismissing the-second. In Shope v. Fite, 91 Ga. 174, 16 S. E. Rep. 990, the…