Butters Manufacturing Co. v. Sims

1. It is essential to the validity of a petition for certiorari, that, as provided in an act approved August 18, 1924 (Ga. L. 1924, p. 59), amending 'section 4365 of the Civil Code, “All certiorari proceedings shall be filed in the clerk's office within ten days from the date of their sanction.” Where a certiorari is dismissed because of want of compliance with the provisions of this act, the petition for certiorari and the writ of certiorari are invalid, and for this reason there has been no case pending which could be recommenced within six months, as provided in section 4381 of the Civil…