Fowler v. King

1. While “upon, the hearing of a certiorari a judge of a superior court can decide such questions only as are raised by proper assignments of error in the petition and verified by the answer, or as are made by motion in reference to the certiorari proceeding itself” (Casey v. Crane, 122 Ga. 318, 50 S. E. 92), this rule rests upon the statutory provision which in terms is applicable only to a “ ground of error . . not distinctly set forth in the petition ” (Civil Code of 1910, § 5199) ; and therefore, being applicable only to the petitioner in certiorari, does not preclude the judge from…