Hobbs v. Hunter

Russell, J,

The bill of exceptions in this case was brought to review the refusal of the judge of the superior court to sanction a petition for certiorari. The writ of error might well be dismissed for want of any assignment of error, but, in the absence of a mo*330tion to dismiss, the court will not dismiss this case of its own motion. It is not necessary to consider the errors alleged in the petition, or the evidence adduced on the trial as disclosed thereby, for it appears that there was no affidavit verifying the petition, and for that reason alone the action of the judge of the superior court…