DeVane v. Williams

By section 5190 of the Civil Code (1910) ten days’ notice is required to be given to the opposite party in interest, his agent or attorney, of the sanction of the writ of certiorari, and failure to comply with this requirement will cause a dismissal of the petition. This section is applicable to a certiorari in a ease from a justice’s court. Sparks v. Burgheim, 44 Ga. 168. When it is made to appear to the court that this section has not been complied with, it is mandatory for the court to dismiss the certiorari. Walker v. District Grand Lodge, 15 Ga. App. 644 (83 S. E. 1101). It having been…