Souerbry v. Orrell

1. “A writ of certiorari in a civil case, unless sued out in forma pauperis, is absolutely void if it be issued before the applicant has given the bond prescribed by law; and the bond, to be effectual, must be approved by the judge or justice of the court in which the case was originally tried. A certificate of the trial magistrate that the plaintiff ‘lias paid all costs accrued in the trial and given bond as required by law in said case’ is not a sufficient substitute for the written approval required bylaw.” Sanford v. Wade, 17 Ga. App. 366 (86 S. E. 945).

2. Inasmuch as the judgment in the…